- 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
- （一）当事人在合同中没有订有仲裁条款或者事后没有达成书面仲裁协议的； "" (1) the parties have had no arbitration clause in their contract, nor have subsequently reached a written agreement on arbitration; ""
- （一）当事人之间权利义务关系明确，不先予执行将严重影响申请人的生活或者生产经营的； "" (1) the relationship of rights and obligations between the parties concerned is clear and definite, and denial of advance execution would seriously affect the livelihood or production operations of the applicant; ""
- （二）被告死亡，没有遗产，也没有应当承担义务的人的； "" (2) the decedent leaves no estate, nor anyone to succeed to his obligations; ""
- 也可以由外国法院依照该国与中华人民共和国缔结或者参加的国际条约的规定，或者按照互惠原则，请求人民法院承认和执行。 "" The foreign court may also, in accordance with the provisions of the international treaties concluded or acceded to by that foreign country and the People's Republic of China or with the principle of reciprocity, request recognition and enforcement by a people's court.""
- 人民法院应当在收到答辩状之日起五日内将副本送达上诉人。对方当事人不提出答辩状的，不影响人民法院审理。 "" The people's court shall, within five days after receiving the defence, serve a copy of it on the appellant. Failure by the other party to submit a defence shall not prevent the case from being tried by the people's court.""
- （一）当事人的姓名、性别、年龄、民族、职业、工作单位和住所，法人或者其他组织的名称、住所和法定代表人或者主要负责人的姓名、职务； ""(1) the name, sex, age, ethnic status, occupation, work unit and home address of the parties to the case; if the parties are legal persons or any other organizations, their names, addresses and the names and posts of the legal representatives or the principal heads.""
- （一）原告死亡，没有继承人，或者继承人放弃诉讼权利的； ""(1) the plaintiff dies without a successor, or the successor waives the right to litigate;""
- （一）原告是与本案有直接利害关系的公民、法人和其他组织； ""(1) the plaintiff must be a citizen, legal person or any other organization that has a direct interest in the case; ""
- （一）追索赡养费、扶养费、抚育费、抚恤金、医疗费用的； ""(1) those involving claims for alimony, support for children or elders, pension for the disabled or the family of a decedent, or expenses for medical care; ""
- （二）诉讼请求和所根据的事实与理由； ""(2) the claim or claims of the suit, the facts and grounds on which the suit is based; ""
- （三）作为被执行人的公民死亡，无遗产可供执行，又无义务承担人的； ""(3) the citizen subjected to execution dies and there is no estate that may be subjected to execution, nor anyone to succeed to his obligations; ""
- （三）作为一方当事人的法人或者其他组织终止，尚未确定权利义务承受人的； ""(3) the legal person or any other organization as one of the parties has dissolved, and the successor to its rights and obligations has not been determined yet;""
- （三）有具体的诉讼请求和事实、理由； ""(3) there must be specific claim or claims, facts, and cause or causes for the suit;""
- （五）作为被执行人的公民因生活困难无力偿还借款，无收入来源，又丧失劳动能力的； ""(5) the citizen subjected to execution is too badly off to repay his debts, has no source of income and has lost his ability to work as well; ""
- 前款规定，适用于书记员、翻译人员、鉴定人、勘验人。 ""The above provisions shall also apply to clerks, interpreters, expert witnesses and inspection personnel.""
- 代表人的诉讼行为对其所代表的当事人发生效力，但代表人变更、放弃诉讼请求或者承认对方当事人的诉讼请求，进行和解，必须经被代表的当事人同意。 ""The acts of such representative in the litigation shall be valid for the party they represent; however, modification or waiver of claims or admission of the claims of the other party or pursuing a compromise with the other party by the representatives shall be subject to the consent of the party they represent.""
- 代表人的诉讼行为对其所代表的当事人发生效力，但代表人变更、放弃诉讼请求或者承认对方当事人的诉讼请求，进行和解，必须经被代表的当事人同意。 ""The acts of such representatives in the litigation shall be valid for the party they represent. However, modification or waiver of claims or admission of the claims of the other party or pursuing a compromise with the other party by the representatives shall be subject to the consent of the party they represent.""
- 申请人应当提供担保，不提供担保的，驳回申请。 ""The applicant must provide security; if he fails to do so, his application shall be rejected.""
- 申请人应当向人民法院递交申请书，写明票面金额、发票人、持票人、背书人等票据主要内容和申请的理由、事实。 ""The applicant shall submit to the people's court an application which clearly states the main contents of the bill such as the face amount, the drawer, the holder, the endorser, and the facts and reasons in respect of the application.""
- 基层人民法院、中级人民法院根据需要，可以设立执行机构。执行机构的职责由最高人民法院规定。 ""The basic people's court and the intermediate people's court may, when necessary, establish execution organs, whose functions shall be defined by the Supreme People's Court.""
- 调解书由审判人员、书记员署名，加盖人民法院印章，送达双方当事人。 ""The conciliation statement shall be signed by the judge and the court clerk, sealed by the people's court, and served on both parties.""
- 调解书应当写明诉讼请求、案件的事实和调解结果。 ""The conciliation statement shall clearly set forth the claims, the facts of the case, and the result of the conciliation.""
- 法庭笔录应当当庭宣读，也可以告知当事人和其他诉讼参与人当庭或者在五日内阅读。 ""The court record shall be read out in court, or else the parties and other participants in the proceedings may be notified to read the record while in court or within five days. ""
- 受送达人的同住成年家属，法人或者其他组织的负责收件的人，诉讼代理人或者代收人在送达回证上签收的日期为送达日期。 ""The date put down in the receipt and signed by the adult family member living with the person or whom the litigation documents are to be served, or by the person responsible for receiving documents of a legal person or any other organization, or by the agent ad litem, or the person designated to receive documents shall be deemed the date of service of the documents.""
- 债务人应当自收到支付令之日起十五日内清偿债务，或者向人民法院提出书面异议。 ""The debtor shall, within 15 days after receipt of the order of payment, clear off his debts or submit to the people's court his dissent in writing.""
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