中华人民共和国民事诉讼法（三）

r any other legal document， he shall pay a charge for the dilatory fulfillment.

　　Article 233 After the adoption of the execution measures stipulated in Articles 221， 222 and 223 of this Law， if the person subjected to execution is still unable to repay the debts， he shall continue to fulfil his obligations.

　　If the creditor finds that the person subjected to execution has any other property， he may at any time apply to the people's court for execution.

　　Chapter XXIII Suspension and Termination of Execution

　　Article 234 The people's court shall make a written order to suspend execution under any of the following circumstances：

　　（1） the applicant indicates that the execution may be postponed；

　　（2） an outsider raises an obviously reasonable objection to the object of the execution；

　　（3） a citizen as one of the parties dies and it is necessary to wait for the successor to inherit the rights of the deceased or to succeed to his obligations；

　　（4） a legal person or any other organization as one of the parties dissolves， and the party succeeding to its rights and obligations has not been determined； or

　　（5） other circumstances occur under which the people's court deems the suspension of execution necessary.

　　Execution shall be resumed when the circumstances warranting the suspension of execution have disappeared.

　　Article 235 The people's court shall make a written order to terminate execution under any of the following circumstances：

　　（1） the applicant has withdrawn his application；

　　（2） the legal document on which the execution is based has been revoked；

　　（3） the citizen subjected to execution dies and there is no estate that may be subjected to execution， nor anyone to succeed to his obligations；

　　（4） the person entitled to claim alimony or support for elders or children dies；

　　（5） the citizen subjected to execution is too badly off to repay his debts， has no source of income and has lost his ability to work as well； or

　　（6） other circumstances occur under which the people's court deems the termination of execution necessary.

　　Article 236 A written order to suspend or terminate execution shall become effective immediately after being served on the parties concerned.

　　PART FOUR SPECIAL PROVISIONS FOR CIVIL PROCEDURE OF CASES INVOLVING FOREIGN ELEMENT

　　Chapter XXIV General Principles

　　Article 237 The provisions of this Part shall be applicable to civil proceedings within the territory of the People's Republic of China in regard to cases involving foreign element. Where it is not covered by the provisions of this Part， other relevant provisions of this Law shall apply.

　　Article 238 If an international treaty concluded or acceded to by the People's Republic of China contains provisions that differ from provisions of this Law， the provisions of the international treaty shall apply， except those on which China has made reservations.

　　Article 239 Civil actions 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 law of the People's Republic of China and the provisions of the international treaties concluded or acceded to by the People's Republic of China.

　　Article 240 The people's court shall conduct trials of civil cases involving foreign element in the spoken and written language 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 enterprises and organizations need lawyers as agents ad litem to bring an action or enter appearance on their behalf 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 by other means from outside the territory of the People's Republic of China by a foreign national， stateless person or a foreign enterprise and organization that has no domicile in the People's Republic of China for the appointment of a lawyer or any other person of the People's Republic of China as an agent ad litem must be notarized by a notarial office in the country of domicile and authenticated by the Chinese embassy or consulate accredited to that country or， for the purpose of verification， must go through the formalities stipulated in the relevant bilateral treaties between China and that country before it becomes effective.

　　Chapter XXV Jurisdiction

　　Article 243 In the case of an action concerning a contract dispute or other disputes over property rights and interests， brought against a defendant who has no domicile within the territory of the People's Republic of China， if the contract is signed or performed within the territory of the People's Republic of China， or if the object of the action is located within the territory of the People's Republic of China， or if the defendant has distrain able property within the territory of the People's Republic of China， or if the defendant has its representative office within the territory of the People's Republic of China， the people's court of the place where the contract is signed or performed， or where the object of the action is， or where the defendant's distrain able property is located， or where the torts are done， or where the defendant's representative office is located， shall have jurisdiction.

　　Article 244 Parties to a dispute over a contract concluded with foreign element or over property rights and interests involving foreign element may， through written agreement， choose the court of the place which has practical connections with the dispute to exercise jurisdiction. If a people's court of the People's Republic of China is chosen to exercise jurisdiction， the provisions of this Law on jurisdiction by forum level and on exclusive jurisdiction shall not be violated.

　　Article 245 If in a civil action in respect of a case involving foreign element， the defendant raises no objection to the jurisdiction of a people's court and responds to the action by making his defence， he shall be deemed to have accepted that this people's court has jurisdict

ion over the case.

　　Article 246 Actions brought on 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 fall 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 documents on a party who has no domicile within the territory of the People's Republic of China in the following ways：

　　（1） in the way specified in the international treaties concluded or acceded to by both the People's Republic of China and the country where the person on whom service is to be made resides；

　　（2） by making the service through diplomatic channels；

　　（3） with respect to the person on whom the service is to be made and who is of the nationality of the People's Republic of China， service may be entrusted to the embassy or consulate of the People's Republic of China accredited to the country where the person resides；

　　（4） by making the service on the agent ad litem who is authorized to receive the documents served；

　　（5） by serving the documents on the representative office established in the People's Republic of China by the person on whom the service is to be made or on his branch office or business agents there who have the right to receive the documents；

　　（6） by making service by mail if the law of the country where the person on whom the service is to be made resides so permits； in the event that the receipt of delivery is not returned six months after the date on which the documents were mailed， and that circumstances justify the assumption that service has been made， the service shall be deemed completed upon the expiration of the said time period； and

　　（7） by making service by public notice， if none of the above-mentioned methods can be employed. The service shall be deemed completed six months after the date on which the public notice was issued.

　　Article 248 If a defendant has no domicile within the territory of the People's Republic of China， the people's court shall serve a copy of the statement of complaint on the defendant and notify him to submit his defence within 30 days after he receives the copy of the statement of complaint.

　　Extension of the period requested by the defendant shall be at the discretion of the people's court.

　　Article 249 If a party who has no domicile within the territory of the People's Republic of China is not satisfied with a judgment or written 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 submit his defence within 30 days after receipt of a copy of the appeal petition. If a party who is unable to file an appeal or submit a defence within the period prescribed by the law requests an extension of the period， the people's court shall decide whether to grant it.

　　Article 250 The period for the trials of civil cases involving foreign element by the people's court shall not be restricted by the provisions of Articles 135 and 159 of this Law.

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