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| 中华人民共和国民事诉讼法（英文版）（下） |
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| http://www.dffy.com 2007-1-19 17:17:42 来源：东方法眼 |
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大 中 小 红 绿 蓝 黑 |
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Article 170. An application for determining a citizen as incompetent or with limited capacity for civil conduct shall be filed by the citizen s near relatives or any other interested party with the basic people s court in the locality where the citizen has his domicile.
The application shall clearly state the facts and grounds on which the citizen s incompetence or limited capacity for civil conduct is claimed.
Article 171. After accepting such an application, the people s court shall, when necessary, have an expert evaluation on the citizen whose incompetence or limited capacity for civil conduct is claimed; if the applicant has already provided an evaluation conclusion, the people s court shall examine the conclusion.
Article 172. When the people s court handles a case for determining a citizen as incompetent or with limited capacity for civil conduct, a near relative of the citizen shall be the agent ad litem, however, except the applicant. If the near relatives shift the responsibility onto one another, the people s court shall appoint one of them as an agent ad litem for the citizen. If the citizen s state of health permits, the people s court shall also question the citizen.
If the people s court is convinced, after trial, that the application is based on facts, it shall make a judgment determining the citizen as incompetent or with limited capacity for civil conduct; if the court finds that the application is not based on facts, it shall make a judgment to reject it.
Article 173. If, upon the application of a person who has been determined as incompetent or with limited capacity for civil conduct or of his guardian, the people s court verifies that the causes of that person s incompetence or limited capacity for civil conduct has been eliminated, it shall make a new judgment and annul the previous one.
SECTION 5 CASES CONCERNING THE DETERMINATION OF A PROPERTY AS OWNERLESS
Article 174. An application for determining a property as ownerless shall be filed by a citizen, legal person or any other organization with the basic people s court in the place where the property is located.
The application shall clearly state the type and quantity of the property and the grounds on which the application for determining the property as ownerless is filed.
Article 175. The people s court shall, after accepting such an application and upon examination and verification, issue a public notice for the claim of the property. If no one claims the property within one year from the issue of the public notice, the people s court shall make a judgment determining the property as ownerless and turn it over to the state or the collective concerned.
Article 176. If, after a property has been determined by a judgment as ownerless, the owner of the property or his heir appears and claims the property, the people s court shall, after examination and verification, make a new judgment and annul the previous one.
CHAPTER XVI PROCEDURE FOR TRIAL SUPERVISION
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本文关键词：民事诉讼
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