- 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
- 审理再审案件，原来是第一审的，按照第一审程序另行组成合议庭； "" If a case for retrial was originally tried at first instance, a new collegial panel shall be formed according to the procedure of first instance; ""
- 一方拒绝履行的，对方当事人可以向人民法院申请执行。 "" If a party refuses to do so, the other party may apply to the people's court for enforcement.""
- 拒不交出的，强制执行。 "" If he refuses to do so, compulsory execution shall be carried out.""
- 如果不予补正，应当将申请记录在案。 "" If such rectifications are not made, the application shall be placed on record in the case file.""
- 在三十日内如果还未执行完毕，也应当将执行情况函告委托人民法院。 "" If the execution has not been completed within 30 days, the entrusted people's court shall also inform the entrusting people's court, by letter, of the particulars of the execution.""
- 经人民法院审查属实的，应当再审。 "" If the foregoing proves true after its examination, the people's court shall retry the case.""
- 被执行人逾期不履行的，由执行员强制执行。 "" If the person subjected to execution fails to do so upon the expiration of the period, compulsory execution shall be carried out by the execution officer.""
- 被执行人是公民的，其工作单位或者房屋、土地所在地的基层组织应当派人参加。 "" If the person subjected to execution is a citizen, his work unit or the grass-roots organization in the locality of the building or the plot of land shall send a representative for attendance.""
- 理由不成立的，予以驳回；理由成立的，由院长批准中止执行。 "" If the reasons for the objection are untenable, the objection shall be rejected; if otherwise, execution shall be suspended with the approval of the president of the court.""
- （一）原判决认定事实清楚，适用法律正确的，判决驳回上诉，维持原判决； ""(1) if the facts were clearly ascertained and the law was correctly applied in the original judgment, the appeal shall be rejected in the form of a judgment and the original judgment shall be affirmed; ""
- （二）原判决适用法律错误的，依法改判； ""(2) if the application of the law was incorrect in the original judgment, the said judgment shall be amended according to the law; ""
- （二）依照法律规定，双方当事人对合同纠纷自愿达成书面仲裁协议向仲裁机构申请仲裁、不得向人民法院起诉的，告知原告向仲裁机构申请仲裁； ""(2) if, according to the law, both parties have on a voluntary basis reached a written agreement to submit their contract dispute to an arbitral organ for arbitration, they may not institute legal proceedings in a people's court. The people's court shall advise the plaintiff to apply to the arbitral organ for arbitration; ""
- （二）告知证人的权利义务，证人作证，宣读未到庭的证人证言； ""(2) informing the witnesses of their rights and obligations, giving testimony by the witnesses and reading of the written statements of absentee witnesses; ""
- （三）原判决认定事实错误，或者原判决认定事实不清，证据不足，裁定撤销原判决，发回原审人民法院重审，或者查清事实后改判； ""(3) if in the original judgment the facts were incorrectly or not clearly ascertained and the evidence was insufficient, the people's court of second instance shall make a written order to set aside the judgment and remand to case to the original people's court for retrial, or the people's court of second instance may amend the judgment after investigating and clarifying the facts; ""
- （三）依照法律规定，应当由其他机关处理的争议，告知原告向有关机关申请解决； ""(3) in case of disputes which, according to the law, shall be dealt with by other organs, the people's court shall advise the plaintiff to apply to the relevant organ for settlement;""
- （四）对司法工作人员、诉讼参加人、证人、翻译人员、鉴定人、勘验人、协助执行的人，进行侮辱、诽谤、诬陷、殴打或者打击报复的； ""(4) insulting, slandering, incriminating with false charges, assaulting or maliciously retaliating against judicial officers or personnel, participants in the proceedings, witnesses, interpreters, evaluation experts, inspectors, or personnel assisting in execution; ""
- （七）判决不准离婚和调解和好的离婚案件，判决、调解维持收养关系的案件，没有新情况、新理由，原告在六个月内又起诉的，不予受理。 ""(7) in a divorce case in which a judgment has been made disallowing the divorce, or in which both parties have become reconciled after conciliation, or in a case concerning adoptive relationship in which a judgment has been made or conciliation has been successfully conducted to maintain the adoptive relation-ship, if the plaintiff files a suit again within six months in the absence of any new developments or new reasons, it shall not be entertained.""
- 提交外文书证，必须附有中文译本。 ""If a document in a foreign language is submitted as evidence, a Chinese translation must be appended.""
- 当庭宣判的，应当在十日内发送判决书；定期宣判的，宣判后立即发给判决书。 ""If a judgment is pronounced in court, the written judgment shall be issued and delivered within ten days; if a judgment is pronounced later on a fixed date, the written judgment shall be issued and given immediately after the pronouncement.""
- 作为被执行人的法人或者其他组织终止的，由其权利义务承受人履行义务。 ""if a legal person or any other organization subjected to execution dissolves, the party that succeeds to its rights and obligations shall fulfil the obligations.""
- 地方各级人民检察院对同级人民法院已经发生法律效力的判决、裁定，发现有前款规定情形之一的，应当提请上级人民检察院按照审判监督程序提出抗诉。 ""If a local people's procuratorate at any level finds that a legally effective judgment or written order made by a people's court at the corresponding level involves any of the circumstances specified above, it shall refer the matter to the people's procuratorate at a higher level with the request that a protest be lodged by the latter in accordance with the procedure for trial supervision.""
- 当事人直接向第二审人民法院上诉的，第二审人民法院应当在五日内将上诉状移交原审人民法院。 ""If a party appeals directly to a people's court of second instance, the said court shall within five days transmit the appeal petition to the people's court which originally tried the case.""
- 中华人民共和国涉外仲裁机构作出的发生法律效力的仲裁裁决，当事人请求执行的，如果被执行人或者其财产不在中华人民共和国领域内，应当由当事人直接向有管辖权的外国法院申请承认和执行。 ""If a party applies for enforcement of a legally effective arbitral award made by an arbitral organ in the People's Republic of China handling cases involving foreign element and the opposite party or his property is not within the territory of the People's Republic of China, he may directly apply for recognition and enforcement of the award to the foreign court which has jurisdiction.""
- 对诉讼标的没有共同权利义务的，其中一人的诉讼行为对其他共同诉讼人不发生效力。 ""if a party of two or more persons have no common rights and obligations with respect to the object of action, the act of any one of them shall not be valid for the rest.""
- 共同诉讼的一方当事人对诉讼标的有共同权利义务的，其中一人的诉讼行为经其他共同诉讼人承认，对其他共同诉讼人发生效力； ""If a party of two or more persons to a joint action have common rights and obligations with respect to the object of action and the act of any one of them is recognized by the others of the party, such an act shall be valid for all the rest of the party; ""
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