民事诉讼法条英文版(13)

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The refusal of a party to make a statement shall not prevent the people’s court from finding the facts of a case based on other evidence.

Article 72 When a people’s court deems it necessary to make an evaluation of a specialized issue, it shall refer the issue to an authentication department authorized by law for the evaluation. In the absence of such department, the people’s court shall appoint an authentication department to make the evaluation.

The authentication department and the expert witness designated by the department shall have the right to consult the case materials necessary for the evaluation and direct inquiries to the parties and witnesses when circumstances require.

An authentication department and expert witness shall present its or his conclusion of the evaluation in writing and sign it or put his seal on it. With respect to an evaluation made by an expert witness, the unit to which the expert witness belongs shall certify his status by affixing its seal to the expert conclusion.

Article 73 When inspecting or examining physical evidence on site, the inspector must show his credentials issued by a people’s court. He shall invite the local basic organization or the relevant unit to send personnel to participate in the inspection. The parties concerned or the adult members of their families shall be present; however, their refusal to appear on the scene shall not prevent the inspection from proceeding.

Upon notification by the people’s court, the relevant units and individuals shall have the obligation to preserve the site and provide assistance for the inspection.

The inspector and examiner shall prepare a written record for the circumstances and results of the inspection or examination. The inspector, examiner, the party concerned and the invited participants shall affix their signatures or seals to the record.

Article 74 Under circumstances where there is a likely-hood that evidence may be destroyed, lost or too difficult to obtain later on, any litigation participants may apply to the people’s court for the preservation of the evidence. The people’s court may also take initiative to preserve such evidence.

Chapter 7 Time Periods and Service

Section 1 Time Periods

Article 75 Time periods shall include those prescribed by law and those designated by a people’s court.

Time periods shall be computed by hour, day, month, and year. The hour and day from which a time period begins shall not be computed as within that time period.

If the expiration date of a time period falls on a holiday, the day immediately following the holiday shall be regarded as the expiration date.

A statutory time period shall not include the time spent in transmittal of documents. A litigation document that is mailed before a deadline shall not be regarded as overdue.

Article 76 If a party fails to meet a deadline due to reasons beyond his control or other justifiable reasons, he

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