中国商业贸易法律法规中英数据库(二)
第二十二条债务人在代位权诉讼中，对超过债权人代位请求数额的债权部分起诉次债务人的，人民法院应当告知其向有管辖权的人民法院另行起诉。 Clause 22 In a suit of subrogation, if the obligor also brings a claim against the secondary obligor for the difference between the amount owed to it and the amount in subrogation claimed by the obligee, the People's Court shall direct the obligor to bring a separate suit to the People's Court with the proper jurisdiction.第二十三条债权人依照合同法第七十四条的规定提起撤销权诉讼的，由被告住所地人民法院管辖。 Clause 23 Where an obligee brings a suit to enforce its cancellation right pursuant to Article 74 of the Contract Law, jurisdiction shall vest in the People's Court in the place where the defendant is domiciled.第二十四条债权人依照合同法第七十四条的规定提起撤销权诉讼时只以债务人为被告，未将受益人或者受让人列为第三人的，人民法院可以追加该受益人或者受让人为第三人。 Clause 24 If in a suit to enforce its cancellation right pursuant to Article 74 of the Contract Law, the obligee only names the obligor as the defendant without also naming the beneficiary or the assignee as an interested third person, the People's Court may add such beneficiary or assignee as an interested third person.第二十五条债权人依照合同法第七十四条的规定提起撤销权诉讼，请求人民法院撤销债务人放弃债权或转让财产的行为，人民法院应当就债权人主张的部分进行审理，依法撤销的，该行为自始无效。 Clause 25 Where an obligee brings a suit to enforce its cancellation right pursuant to Article 74 of the Contract Law and petitions the People's Court for cancellation of the obligor's act of waiving its creditor's right or transferring its property, the People's Court shall adjudicate the case to the extent of the amount claimed by the obligee, and if the obligor's act is canceled in accordance with the law, such act is invalid ab initio.第二十六条债权人行使撤销权所支付的律师代理费、差旅费等必要费用，由债务人负担；第三人有过错的，应当适当分担。 Clause 26 The necessary expenses incurred by the obligee in enforcing its cancellation right, such as attorney's fee and travel expenses, shall be borne by the obligor; where the interested third person was also at fault, it shall share such expenses as appropriate.第二十七条债权人转让合同权利后，债务人与受让人之间因履行合同发生纠纷诉至人民法院，债务人对债权人的权利提出抗辩的，可以将债权人列为第三人。 Clause 27 If subsequent to the obligee's assignment of its contractual right, a suit is brought to a People's Court in respect of a dispute between the obligor and the assignee which arose from the performance of the contract, and the obligor raises a defense against the contractual right of the obligee, it may name the obligee as an interested third person.第二十八条经债权人同意，债务人转移合同义务后，受让人与债权人之间因履行合同发生纠纷诉至人民法院，受让人就债务人对债权人的权利提出抗辩的，可以将债务人列为第三人。 Clause 28 If with the consent of the obligee, the obligor has delegated its contractual obligation, and subsequently a suit is brought to a People's Court in respect of a dispute between the obligee and the delegatee which arose from the performance of the contract, and the delegatee, in defense against the obligee, avails itself of the obligor's right against the obligee, it may name the obligor as an interested third person.第二十九条合同当事人一方经对方同意将其在合同中的权利义务一并转让给受让人，对方与受让人因履行合同发生纠纷诉至人民法院，对方就合同权利义务提出抗辩的，可以将出让方列为第三人。 Clause 29 If with the consent of the other party, a party concurrently assigned its contractual rights and delegated its contractual obligations to an assignee, and subsequently a suit is brought to a People's Court in respect of a dispute between the other party and the assignee which arose from the performance of the contract, and the other party raises a defense in respect of the rights and obligations under the contract, it may name the obligor as an interested third person.第三条人民法院确认合同效力时，对合同法实施以前成立的合同，适用当时的法律合同无效而适用合同法合同有效的，则适用合同法。 Clause 3 In determining the validity of a contract formed before the operative date of the Contract Law, if application of the law in effect at the time leads to its invalidation, but application of the Contract Law leads to affirmation of its validity, the People's Court shall apply the Contract Law.第三十条债权人依照合同法第一百二十二条的规定向人民法院起诉时作出选择后，在一审开庭以前又变更诉讼请求的，人民法院应当准许。对方当事人提出管辖权异议，经审查异议成立的，人民法院应当驳回起诉。 Clause 30 Where at the time the obligee brought a suit to a People's Court, it made an election of claim in accordance with Article 122 of the Contract Law, and subsequently it changes its election, if the change is made before the commencement of hearing in the trial of first instance, the People's Court shall allow such change. In the event the other party objects to the jurisdiction of the court and such objection is sustained, the People's Court shall dismiss such suit.第四条合同法实施以后，人民法院确认合同无效，应当以全国人大及其常委会制定的法律和国务院制定的行政法规为依据，不得以地方性法规、行政规章为依据。 Clause 4 After the Contract Law became operative, a People's Court may only invalidate a contract in accordance with laws adopted by the National People's Congress or its Standing Committee, or administrative regulations adopted by the State Council, and may not invalidate a contract in accordance with any local statutes or administrative rules.第五条人民法院对合同法实施以前已经作出终审裁决的案件进行再审，不适用合同法。 Clause 5 Where a People's Court re-adjudicates a case on which a final judgment has been rendered, the Contract Law does not apply.第六条技术合同争议当事人的权利受到侵害的事实发生在合同法实施之前，自当事人知道或者应当知道其权利受到侵害之日起至合同法实施之日超过一年的，人民法院不予保护；尚未超过一年的，其提起诉讼的时效期间为两年。 Clause 6 In a dispute arising out of a technology contract, where infringement of the right of a party occurred before the operative date of the Contract Law, if there was a lapse of more than one year between the date on which the party knew or should have known that its right was infringed and the operative date of the Contract Law, the People's Court will no longer enforce such right; where the lapse was less than one year, the time limit during which the party may bring a suit shall be two years.第七条技术进出口合同争议当事人的权利受到侵害的事实发生在合同法实施之前，自当事人知道或者应当知道其权利受到侵害之日起至合同法施行之日超过两年的，人民法院不予保护；尚未超过两年的，其提起诉讼的时效期间为四年。 Clause 7 In a dispute arising out of a technology import/export contract, where infringement of the right of a party occurred before the operative date of the Contract Law, if there was a lapse of more than two years between the date on which the party knew or should have known that its right was infringed and the operative date of the Contract Law, the People's Court will no longer enforce such right; where the lapse was less than two years, the time limit during which the party may bring a suit shall be four years.第八条合同法第五十五条规定的“一年”、第七十五条和第一百零四条第二款规定的“五年”为不变期间，不适用诉讼时效中止、中断或者延长的规定。 Clause 8 The time period of ""one year"" set out in Article 55, and the time period of ""five years"" set out in Article 75 and Paragraph 2 of Article 104 of the Contract Law are fixed, and are not subject to the rules governing the suspension, termination or extension of time limit for action.第九条依照合同法第四十四条第二款的规定，法律、行政法规规定合同应当办理批准手续，或者办理批准、登记等手续才生效，在一审法庭辩论终结前当事人仍未办理批准手续的，或者仍未办理批准、登记等手续的，人民法院应当认定该合同未生效；法律、行政法规规定合同应当办理登记手续，但未规定登记后生效的，当事人未办理登记手续不影响合同的效力，合同标的物所有权及其他物权不能转移。 Clause 9 Where as set forth in Paragraph 2 of Article 44 of the Contract Law, the relevant law or administration regulation provides that the effectiveness of a certain contract is subject to completion of the relevant approval procedure, or the relevant approval and registration procedures, if before completion of court debate by the parties in the trial of first instance, the parties still fail to carry out the relevant approval procedure, or approval and registration procedures, as the case may be, the People's Court shall rule that the contract has not yet taken effect; if the relevant law or administration regulation requires that a certain contract be registered without subjecting its effectiveness to such registration, then failure to effect registration shall not impair the effectiveness of the contract, provided that such failure constitutes an impediment to the conveyance of title to, or such other real right in, the subject matter of the contract.中外旅客携运的商业性货物应办理商检、报关和托运手续。 Commercial goods carried by Chinese or foreign passengers shall go through procedures of import and export inspection, customs declaration and consignment.证券代销是指证券公司代发行人发售证券，在承销期结束时，将未售出的证券全部退还给发行人的承销方式。 Commission underwriting refers to the method whereby a securities company undertakes to sell securities on behalf of the issuer and return all unsold securities to the issuer at the end of the underwriting period.代理报关业务，是指接受进出口货物收、发货人的委托，代为办理报关相关手续的业务，应按照“服务业——代理业”税目征收营业税。 Commissioned customs declarations means the business in which the taxpayer accepts the entrustment of the consignor and the consignee of import or export goods for handling the related customs declaration procedures, and the business tax on it shall be levied as per the tax category of ""service industry-agency service"".合同有规定的按合同检验； Commodities which are defined by regulations in the contract shall be inspected and examined according to the contract;法定商检货物和本通知规定需要检验的物品，一律凭商检机构出具的检验证书、放行单或在报关单上加盖的印章验放。 Commodities which are required to be inspected and examined by law or the commodities required to be inspected and examined by the regulations in this circular should be verified and let pass only with the certificate of inspection and examination issued by the institutions in charge of import and export commodities inspection, official `let-pass’ documents or the stamp on the declaration form.无合同、无销售发票、无产地、无生产厂名称的商品不予检验、不得放行。 Commodities without contracts or sale receipts or with no place of production or name of the manufacturer identified shall be neither inspected and examined, nor let pass.各级人民政府物价管理机关（以下简称物价部门），各级人民政府有关业务主管部门以及企业、事业单位价格管理机构和人员，应当严格遵守国家价格法规和政策，做好价格管理和监督工作。 Commodity price control organizations, (hereinafter referred to as commodity price departments) of people's governments at the various levels, the competent departments of people's governments at the various levels, as well as price control organizations and employees of enterprises and public institutions shall strictly abide by State laws, regulations and policies on prices and shall effectively conduct price control and supervision.物价部门要发挥消费者协会监督价格的作用，依法查处消费者协会反映的价格违法行为。 Commodity price departments shall encourage consumer associations to play an active role in price surveillance and shall investigate and deal with illegal pricing acts reported by consumer associations, in accordance with the law.国务院确定的生产特殊产品的公司或者属于特定行业的公司，应当采取国有独资公司形式。 Companies designated by the State Council to produce special products or in special industries shall adopt the form of a wholly state-owned company.
