If the recipient of the service is undergoing rehabilitation through labour, the document shall be forwarded to him by the unit supervising his rehabilitation through labour.
Article 83. Any organization or unit that receives a litigation document to be forwarded must immediately deliver it to the recipient of the service for a receipt. The date as stated on the receipt shall be regarded as the date the document is served.
Article 84. If the whereabouts of a recipient of the service is unknown, or if a document cannot be served by the other methods mentioned in this section, the document shall be served by public announcement. Sixty days after the date of the public announcement, the document shall be deemed to have been served.
The reasons for service by public announcement and the procedures taken shall be recorded in the case files.
CHAPTER VIII CONCILIATION
Article 85. In handling civil cases, the people s court shall distinguish between right and wrong and conduct conciliation on the basis of the principle of voluntariness of the parties and evident facts.
Article 86. When a people s court conducts a conciliation, a single judge or a collegial panel may preside. Conciliations shall be conducted locally whenever possible.
When a people s court conducts a conciliation, it may employ simplified methods to notify the parties and witnesses to appear in court.
Article 87. When a people s court conducts a conciliation, it may request the assistance of units or individuals concerned. The requested units or individuals shall assist the people s court in conducting the conciliation.
Article 88. A conciliation agreement must be based on voluntariness of both parties, and shall not be reached through compulsion. The content of the conciliation agreement may not contravene the law.
Article 89. When a conciliation agreement is reached, the people s court shall draw up a conciliation statement. A conciliation statement shall clearly set forth the claims of the action, the facts about the case, and the result of the conciliation.
The conciliation statement shall be signed by the judge and the court clerk, sealed by the people s court, and served on both parties.
Once the conciliation statement is receipted and signed by both parties, it shall become legally effective.
Article 90. The people s court need not draw up a conciliation statement for the following cases when an agreement is reached through conciliation:
(1) cases of divorce in which both parties have become reconciled after conciliation;
(2) cases in which adoptive relationship has been maintained through conciliation;
(3) cases in which the claims can be immediately satisfied; and
(4) other cases that do not require conciliation statements.
Any agreement that does not require a conciliation statement shall be entered into the written record and shall become legally effective after being signed or sealed by both parties, the judge and the court clerk.
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本文关键词:民事诉讼
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