民事诉讼法条英文版(17)

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(3)Cases involving urgent circumstances that require enforcement in advance.

Article 98 The people’s court shall make sure the following conditions are met before making a ruling to enforce the property preservation in advance:

(1)The relationship of rights and obligations between the parties is definite, and the refusal of advance enforcement would seriously affect the life or business operation of petitioners; and

(2)The defending party whose property would be preserved is capable of fulfilling the obligations involved in the advance enforcement.

The people’s court may order the petitioners to provide sureties; if a petitioner fails to do so, his petition may be rejected. If the petitioner loses the lawsuit, he shall compensate the defending party whose property was preserved for any loss incurred from the advance enforcement.

Article 99 If a party is not satisfied with an order on property preservation or advance enforcement, he may petition for reconsideration that can be granted only once. However, the enforcement of the order shall not be suspended during the time of reconsideration.

Chapter 10 Compulsory Measures against Obstruction of Civil Actions

Article 100 If a defendant who is required to appear in court has been served twice with subpoena but still refuses to appear in court without legitimate reason, the people’s court may summon him to court by force.

Article 101 All litigation participants and other persons shall abide by the court rules.

For those persons who violate the court rules, the people’s courts may reprimand them, evict them from the courts, or impose a fine or detention on them.

For those persons who create uproars, disturb courtrooms, insult, slander, threat, or assault adjudicating personnel, or seriously disrupt the order of courtrooms, the people’s court shall investigate them for criminal liabilities according to law; if the circumstances are minor, a fine or detention may be imposed on the offender.

Article 102 Where any litigation participants or any other persons commit any of the following acts, the people’s courts shall impose a fine or detention on them based on the circumstances; if a crime is committed, the people’s court shall investigate them for criminal liabilities according to law.

(1)Forging or destroying significant evidence, which would obstruct the a people’s court’s adjudication of a case;

(2)Using violence, threats, or bribery to hinder a witness from giving testimony, or instigating, bribing, or coercing others to commit perjury;

(3)Concealing, transferring, selling, or destroying any properties that have been seized or detained, or any properties that have been inventoried and ordered by a court under the offenders’ custody, or transferring the property that has been frozen;

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