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中华人民共和国民事诉讼法(英文版)(上)

http://www.dffy.com 2007-1-19 17:16:29 来源:东方法眼

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  Any person who is unable to express his will properly shall not testify.
  Article 71. The people s court shall examine the statements of the parties in connection with the other evidence in the case to determine whether the statements can be taken as a basis for ascertaining the facts.
  The refusal of a party to make a statement shall not prevent the people s court from ascertaining the facts of a case on the basis of other evidence.
  Article 72. when the people s court deems it necessary to make an evaluation of a specialized problem, it shall refer the problem to an authentication department authorized by law for the evaluation. In the absence of such department, the people s court shall appoint an authentication department to make the evaluation.
  The authentication department and the expert witness designated by the department shall have the right to consult the case materials necessary for the evaluation and direct inquiries to the parties and witnesses when circumstances require.
  The authentication department and expert witness shall present a written conclusion of the evaluation and affix his seal or signature to it. With respect to an evaluation made by an expert witness, the unit to which the expert witness belong shall certify his status by affixing its seal to the expert conclusion.
  Article 73. When inspecting material evidence or a site, the inspector must show his credentials issued by a people s court. He shall request a local grassroots organization or the unit concerned to send persons to participate in the inquest. The party concerned or an adult member of his family shall be present; their refusal to appear on the scene shall not prevent the inquest from proceeding.
  Upon notification by the people s court, the relevant units and individuals shall have the obligation to preserve the site and assist in the inquest.
  The inspector shall prepare a written record of the circumstances and results of the inquest. The inspector, the party concerned and the requested participants shall affix their signatures or seals to the record.
  Article 74. Under circumstances where there is a likelihood that evidence may be destroyed or lost or difficult to obtain later on, the participants in proceedings may apply to the people s court for the evidence to be preserved. The people s court may also on its own initiative take measures to preserve such evidence.
  CHAPTER VII TIME PERIODS AND SERVICE
  SECTION 1 TIME PERIODS
  Article 75. Time periods shall include those prescribed by law and those designated by a people s court.
  Time periods shall be calculated by the hour, the day, the month and the year. The hour and day from which a time period begins shall not be counted as within the time period.
  If the expiration date of a time period falls on a holiday, then the day immediately following the holiday shall be regarded as the expiration date.
  A time period shall not include traveling time. A litigation document that is mailed before a deadline shall not be regarded as overdue.

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