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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 245. If the defendant in a civil lawsuit involving foreign interests raises no objection to the jurisdiction of a people s court, responds to the prosecution and replies to his defence, he shall be deemed to have admitted that this people s court has jurisdiction over the case.
  Article 246. Lawsuits initiated for disputes arising from the performance of contracts for Chinese-foreign equity joint ventures, or Chinese-foreign contractual joint ventures, or Chinese-foreign cooperative exploration and development of the natural resources in the People s Republic of China shall be under the jurisdiction of the people s courts of the People s Republic of China.
  CHAPTER XXVI SERVICE AND TIME PERIODS
  Article 247. A people s court may serve litigation document to a party who has no domicile within the territory of the People s Republic of China by the following methods:
  (1) it may serve by the method specified in the international treaties concluded or acceded to by both the People s Republic of China and the country where the recipient of service resides;
  (2) it may serve through diplomatic channels;
  (3) it may entrust the service to the embassy or consulate of the People s Republic of China stationed in the country where the recipient of service resides,
  (4) it may serve through the agent ad litem who is empowered by the recipient of service to receive the service for it;
  (5) it may serve through the party s representative agency within the territory of the People s Republic of China, or the branch or business agent empowered to receive the service for it;
  (6) it may serve by post if the law of the country where the recipient of service resides so permits; in the event that no receipt is returned sixty days after the date on which the document was posted, but various circumstances justify the assumption that it has been served, the service shall be deemed completed upon the expiration of the time limit; and
  (7) it may serve by public notice, if none of the above-mentioned methods can be employed. The service shall be considered completed three months after the date on which the public notice was issued.
  Article 248. If a defendant has no domicile in the People s Republic of China, the people s court shall serve a copy of the bill of complaint on the defendant and notify him to forward his bill of defence within 30 days after he receives the copy of the bill of complaint. Any extension of the term requested by the defendant shall be at the discretion of the people s court.
  Article 249. If any party who has no domicile in the People s Republic of China is dissatisfied with a judgment or order made by a people s court of first instance, he shall have the right to file an appeal within 30 days from the date the written judgment or order is served. The appellee shall forward his bill of defence within 30 days after he has received a copy of the appeal petition. If a party is unable to file an appeal or forward a bill of defence within the period of time prescribed by law, and therefore requests an extension of the period, the people s court shall decide to approve or disapprove it.

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