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中华人民共和国民事诉讼法(英文版)(下)

http://www.dffy.com 2007-1-19 17:17:42 来源:东方法眼

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  Article 238. If an international treaty concluded or acceded to by the People s Republic of China contains provisions differing from those found in this Law, the provisions of the international treaty shall apply, unless the provisions are the ones on which China has announced reservations.
  Article 239. Any civil lawsuits brought against a foreign national, a foreign organization or an international organization that enjoys diplomatic privileges and immunities shall be dealt with in accordance with the relevant laws of the People s Republic of China and with the international treaties concluded or acceded to by the People s Republic of China.
  Article 240. In conducting trials of civil cases involving foreign interests, the people s court shall use the spoken and written languages commonly used in the People s Republic of China. Translation may be provided at the request of the parties concerned, and the expenses shall be borne by them.
  Article 241. When foreign nationals, stateless persons or foreign enter prises or organizations need to appoint lawyers as agents ad litem to institute or respond to prosecutions in the people s court, they must appoint lawyers of the People s Republic of China.
  Article 242. Any power of attorney mailed or forwarded from outside the territory of the People s Republic of China by a foreign national, stateless person or a foreign enterprise or organization that has no domicile in the People s Republic of China to appoint a lawyer or any other person of the People s Republic of China as an agent ad litem must be authenticated by a notarial office in the country where that person or enterprise or organization has domicile and confirmed by the Chinese embassy or consulate stationed in that country or must go through the notarial formalities stipulated in the relevant bilateral treaties between China and that country before it becomes effective.
  CHAPTER XXV JURISDICTION
  Article 243. A lawsuit brought against a defendant who has no domicile in the People s Republic of China concerning a contract dispute or other disputes over property rights and interests, if the contract is signed or performed within the territory of the People s Republic of China, or the object of the action is within the territory of the People s Republic of China, or the defendant has distrainable property within the territory of the People s Republic of China, or the defendant has its representative agency, branch or business agent within the territory of the People s Republic of China, may be under the jurisdiction of the people s court in the place where the contract is signed or performed, or where the object of the action is located, or where the defendant s distrainable property is located, or where the infringing act takes place, or where the representative agency, branch or business agent is located.
  Article 244. Parties to a dispute over a contract involving foreign interests or over property rights and interests involving foreign interests may, through written agreement, choose the people s court in the place which has actual connections with the dispute as the jurisdictional court. If a people s court of the People s Republic of China is chosen as the jurisdictional court, the stipulations on jurisdiction by level and exclusive jurisdiction in this Law shall not be contravened.

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