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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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  The letter of request and its annexes submitted to a foreign court by a people s court for judicial assistance shall be appended with a translation in the language of the country or a text in other languages specified in the relevant international treaties.
  Article 265. The judicial assistance provided by the people s courts shall be carried out in accordance with the procedure stipulated by the law of the People s Republic of China. If a special method is requested by a foreign court, the judicial assistance may also by carried out in such method as requested, provided that the requested special method shall not contradict the law of the People s Republic of China.
  Article 266. If a party applies for execution of a legally effective judgment or order made by a people s court and the party subject to execution or its property is not within the territory of the People s Republic of China, it may directly apply for recognition and enforcement to the foreign court which has jurisdiction over the case, or the people s court may, in accordance with the relevant provisions of the international treaties concluded or acceded to by China, or on the principle of reciprocity, request recognition and enforcement by a foreign court.
  If a party applies for execution of a legally effective arbitration award made by a foreign affairs arbitration agency of the People s Republic of China and the party subject to execution or its property is not within the territory of the People s Republic of China, it may directly apply for recognition and enforcement to the foreign court which has jurisdiction over the case.
  Article 267. If a legally effective judgment or order made by a foreign court requires recognition and enforcement by a people s court of the People s Republic of China, the party concerned may directly apply to the intermediate people s court of the People s Republic of China which has jurisdiction over the case for recognition and enforcement, or the foreign court may, in accordance with the provisions of the international treaties concluded or acceded to by the People s Republic of China or on the principle of reciprocity, request recognition and enforcement by a people s court.
  Article 268. If a people s court of the People s Republic of China, after its review in accordance with the international treaties concluded or acceded to by the People s Republic of China or on the principle of reciprocity, considers that the legally effective judgment or order of a foreign court which requires recognition and enforcement does not contradict the basic principles of the law of the People s Republic of China nor violates the state and social, public interest of China, it shall render an order on the recognition of its force.
  Where an execution is necessary, a writ of execution shall be issued and enforced in accordance with the relevant provisions of this Law; If it contradicts the basic principles of the law of the People s Republic of China or the state and social, public interest of China, the people s court shall refuse its recognition and enforcement.

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