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| 中华人民共和国民事诉讼法(英文版)(上) |
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| http://www.dffy.com 2007-1-19 17:16:29 来源:东方法眼 |
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Parties that have true difficulty in paying litigation costs may, in accordance with relevant regulations, apply to the people s court for suspension or reduction of or exemption from the payment. Procedures for the payment of litigation costs shall be formulated separately. PART TWO TRIAL PROCEDURE CHAPTER XII ORDINARY PROCEDURE OF FIRST INSTANCE SECTION 1 BRINGING A SUIT AND ACCEPTING A CASE Article 108. The following conditions must be met when a suit is brought: (1) the plaintiff must be an individual, legal person or any other organization that has a direct interest in the case; (2) there must be a specific defendant; (3) there must be a concrete claim, a factual basis, and a cause for the suit; and (4) the suit must be within the scope of acceptance for civil lawsuits of the people s courts and within the specific jurisdiction of the people s court where it is filed. Article 109. When bringing a suit, a bill of complaint shall be submitted to the people s court, and copies of the bill shall be prepared according to the number of defendants. If a plaintiff has true difficulty in writing a bill of complaint, he may lodge his complaint orally, and the court shall transcribe it and inform the other party. Article 110. A bill of complaint shall clearly set forth the following: (1) the name, sex, age, ethnic status, occupation, work unit and address of each person who is a party to the case or, if a party is a legal person or any. other organization, its name, address and legal representative s or principal leading personnel s name and position; (2) the claim of the lawsuit and the facts and grounds on which the lawsuit is based; and (3) any evidence and its source, as well as the names and addresses of witnesses. Article 111. The people s court must accept the lawsuits filed in conformity with the provisions of Article 109 of this Law. With respect to lawsuits described below, the people s court shall handle them according to their specific circumstances: (1) With respect to those within the scope of acceptance for administrative lawsuits in accordance with the provisions of the Administrative Procedure Law, the people s court shall notify the plaintiff to institute an administrative lawsuit; (2) According to legal provisions, if both parties have on voluntary basis reached a written agreement on arbitration concerning contract disputes that they shall apply to an arbitration agency for arbitration, and may not institute legal proceedings in a people s court, the people s court shall notify the plaintiff to apply to an arbitration agency for arbitration; (3) With respect to disputes which, according to law, should be handled by other organs, the people s court shall notify the plaintiff to apply to the relevant organ for settlement; (4) With respect to cases that are not under its jurisdiction, the people s court shall notify the plaintiff to bring a lawsuit in the competent people s court;
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本文关键词:民事诉讼
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