- 中国民事刑事法律法规中英数据库 A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
中国民事刑事法律法规中英数据库
- 第七十八条送达诉讼文书，应当直接送交受送达人。受送达人是公民的，本人不在交他的同住成年家属签收；受送达人是法人或者其他组织的，应当由法人的法定代表人、其他组织的主要负责人或者该法人、组织负责收件的人签收；受送达人有诉讼代理人的，可以送交其代理人签收；受送达人已向人民法院指定代收人的，送交代收人签收。 ""Article 78 Litigation documents shall be sent or delivered directly to the person on whom they are to be served. If that person is a citizen, the documents shall, in case of his absence, be receipted by an adult member of his family living with him. If the person on whom they are to be served is a legal person or any other organization, the documents shall be receipted by the legal representatives of the legal person or the principal heads of the other organization or anyone of the legal person or the other organization responsible for receiving such documents; if the person on whom they are to be served has an agent ad litem, the documents may be receipted by the agent ad litem; if the person on whom they are to be served has designated a person to receive litigation documents on his behalf and has informed the people's court of it, the documents may be receipted by the person designated.""
- 第七十九条受送达人或者他的同住成年家属拒绝接收诉讼文书的，送达人应当邀请有关基层组织或者所在单位的代表到场，说明情况，在送达回证上记明拒收事由和日期， ""Article 79 If the person on whom the litigation documents are to be served or the adult family member living with him refuses to receive the documents, the person serving the documents shall ask representatives from the relevant grass-roots organization or the unit to which the person on whom the documents are to be served belongs to appear on the scene, explain the situation to them, and record on the receipt the reasons of the refusal and the date of it. ""
- 第八条民事诉讼当事人有平等的诉讼权利。人民法院审理民事案件，应当保障和便利当事人行使诉讼权利，对当事人在适用法律上一律平等。 ""Article 8 The parties in civil litigation shall have equal litigation rights. The people's courts shall, in conducting the trials, safeguard their rights, facilitate their exercising the rights, and apply the law equally to them.""
- 第八十条直接送达诉讼文书有困难的，可以委托其他人民法院代为送达，或者邮寄送达。邮寄送达的，以回执上注明的收件日期为送达日期。 ""Article 80 If direct service proves to be difficult, service of litigation documents may be entrusted to another people's court, or done by mail. If the documents are served by mail, the date stated on the receipt for postal delivery shall be deemed the date of service of the documents.""
- 第八十一条受送达人是军人的，通过其所在部队团以上单位的政治机关转交。 ""Article 81 If the person on whom the litigation documents are to be served is a military-man, the documents shall be forwarded to him through the political organ of the unit at or above the regimental level in the force to which he belongs.""
- 第八十二条受送达人是被监禁的，通过其所在监所或者劳动改造单位转交。 ""Article 82 If the person on whom the litigation documents are to be served is in imprisonment, the documents shall be forwarded to him through the prison authorities or the unit of reform through labour where the person is serving his term.""
- 第八十四条受送达人下落不明，或者用本节规定的其他方式无法送达的，公告送达。 ""Article 84 If the whereabouts of the person on whom the litigation documents are to be served is unknown, or if the documents cannot be served by the other methods specified in this Section, the documents shall be served by public announcement. ""
- 第八十五条人民法院审理民事案件，根据当事人自愿的原则，在事实清楚的基础上，分清是非，进行调解。 ""Article 85 In the trial of civil cases, the people's court shall distinguish between right and wrong on the basis of the facts being clear and conduct conciliation between the parties on a voluntary basis.""
- 第八十六条人民法院进行调解，可以由审判员一人主持，也可以由合议庭主持，并尽可能就地进行。 ""Article 86 When a people's court conducts conciliation, a single judge or a collegial panel may preside over it. Conciliation shall be conducted on the spot as much as possible.""
- 第八十七条人民法院进行调解，可以邀请有关单位和个人协助。 ""Article 87 When a people's court conducts conciliation, it may invite the units or individuals concerned to come to its assistance.""
- 第八十九条调解达成协议，人民法院应当制作调解书。 ""Article 89 When a settlement agreement through conciliation is reached, the people's court shall draw up a conciliation statement. ""
- 第九条人民法院审理民事案件，应当根据自愿和合法的原则进行调解；调解不成的，应当及时判决。 ""Article 9 In trying civil cases, the people's courts shall conduct conciliation for the parties on a voluntary and lawful basis; if conciliation fails, judgments shall be rendered without delay.""
- 第九十一条调解未达成协议或者调解书送达前一方反悔的，人民法院应当及时判决。 ""Article 91 If no agreement is reached through conciliation or if either party backs out of the settlement agreement before the conciliation statement is served, the people's court shall render a judgment without delay.""
- 第九十二条人民法院对于可能因当事人一方的行为或者其他原因，使判决不能执行或者难以执行的案件，可以根据对方当事人的申请，作出财产保全的裁定； ""Article 92 In the cases where the execution of a judgment may become impossible or difficult because of the acts of either party or for other reasons, the people's court may, at the application of the other party, order the adoption of measures for property preservation. ""
- 第九十三条利害关系人因情况紧急，不立即申请财产保全将会使其合法权益受到难以弥补的损害的，可以在起诉前向人民法院申请采取财产保全措施。 ""Article 93 Any interested party whose lawful rights and interests would, due to urgent circumstances, suffer irretrievable damage without immediately applying for property preservation, may, before filing a lawsuit, apply to the people's court for the adoption of property preservation measures. ""
- 第九十五条被申请人提供担保的，人民法院应当解除财产保全。 ""Article 95 If the person against whom the application for property reservation is made provides security, the people's court shall cancel the property reservation.""
- 第九十六条申请有错误的，申请人应当赔偿被申请人因财产保全所遭受的损失。 ""Article 96 If an application for property preservation is wrongfully made, the applicant shall compensate the person against whom the application is made for any loss incurred from property preservation.""
- 第九十七条人民法院对下列案件，根据当事人的申请，可以裁定先予执行： ""Article 97 The people's court may, upon application of the party concerned, order advance execution in respect of the following cases: ""
- 第九十九条当事人对财产保全或者先予执行的裁定不服的，可以申请复议一次。 ""Article 99 If the party concerned is not satisfied with the order made on property preservation or execution, he may apply for reconsideration which could be granted only once. ""
- 自判决公告之日起，申请人有权向支付人请求支付。 ""As of the date of publication of the judgment, the applicant shall be entitled to payment by the payor.""
- 开庭审理时，由审判长核对当事人，宣布案由，宣布审判人员、书记员名单，告知当事人有关的诉讼权利义务，询问当事人是否提出回避申请。 ""At the beginning of a court session, the presiding judge shall check the parties present, announce the cause of action and the names of the judicial officers and court clerks, inform the parties of their relevant litigation rights and obligations and ask the parties whether or not they wish to apply for the withdrawal of any court personnel.""
- 法庭辩论终结，由审判长按照原告、被告、第三人的先后顺序征询各方最后意见。 ""At the end of the court debate, the presiding judge shall ask each side, first the plaintiff, then the defendant, and then the third party, for their final opinion respectively.""
- （一）保证人向债权人保证债务人履行债务，债务人不履行债务的，按照约定由保证人履行或者承担连带责任；保证人履行债务后，有权向债务人追偿。 (1) A guarantor may guarantee to the creditor that the debtor shall perform his debt. If the debtor defaults, the guarantor shall perform the debt or bear joint liability according to agreement. After performing the debt, the guarantor shall have the right to claim repayment from the debtor.
- （一）因不动产纠纷提起的诉讼，由不动产所在地人民法院管辖； (1) a lawsuit brought on a dispute over real estate shall be under the jurisdiction of the people's court of the place where the estate is located;
- （一）正在实行犯罪或者在犯罪后即时被发觉的； (1) a person who is in the process of committing a crime or is discovered immediately after committing a crime;
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