民事诉讼法条英文版(14)

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extension shall be subject to approval by a people’s court.

Section 2 Service

Article 77 A receipt shall be required for every litigation document that is served and it shall bear the signature or seal of the recipient of the service and the date of receipt.

The date of receipt as signed by the recipient of the service shall be regarded as the date the document is served.

Article 78 Litigation documents shall be served directly on the recipient of the service. If the recipient of the service is a citizen, the documents may, in the case of his absence, be served on an adult member of the recipient’s family who lives with him. If the recipient of the service is a legal person or any other organization, the document shall be served on the legal representatives of the legal person, the principal leading personnel of any other organization, the personnel of the legal person or any other organization in charge of receiving such documents; If the recipient of the service has a litigation representative, the documents may be served on the litigation representative. If the recipient of the service has designated an agent to receive his litigation documents and has informed the people’s court of it, the documents may be served on the agent.

The date of receipt as signed by the adult family member living with the recipient of service, or persons in charge of receiving documents of the legal persons or other organizations, or litigation representative, or agents designated to receive his documents shall be regarded as the date the document is served.

Article 79 If the recipient of a service or any of his adult family members living with him refuses to accept a legal document, the person serving the document shall ask the representatives of the relevant basic organization or unit to which the recipient of the service belongs to appear on the scene, explain the situation to them, and record the reasons of the refusal and the date on the receipt. After the person serving the document and the witnesses have affixed their signatures or seals on the receipt, the document may be left at the place where the recipient of the service stays and the service shall be considered completed.

Article 80 If direct delivery service of a litigation document proves too difficult, such a service may be entrusted to the other people’s court, or it may be served by postal service. If a document is served by post, the date as stated on the receipt shall be regarded as the date the document is served.

Article 81 If the recipient of a service is in the military, the document shall be forwarded to him via the political organ at or above the regimen level in the unit to which the recipient belongs.

Article 82 If the recipient of the service is undergoing imprisonment, the document shall be forwarded to him via the prison or the unit of rehabilitation through labor where he is serving his sentence.

If the recipient of the service is undergoing reeducation through labor, the document shall be forwarded to him via the unit supervising his reeducation through labor.

Article 83 Any organization or unit that receives a litigation document to be forwarded must immediately deliver it to the recipient of the service for a receipt. The date as stated on the receipt shall be regarded as the date the document is served.

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