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These Provisions are formulated in accordance with the relevant provisions of the Civil Procedure Law of the People's Republic of China and in the light of the experience in civil judicial activities and actual circumstances of different localities for the purpose of protecting and facilitating the lawful exercise of the rights of the parties concerned in litigation. Article 1. Where it is difficult for a people's court to directly deliver any litigation document, such document may be delivered through the postal agency of the state (hereinafter referred to the "postal agency") in the way of court express, with exceptions if any of the following circumstances occurs: (1) the addressee or his agent ad litem or receiving agent agrees to go to the people's court and accept the service within a specified time limit; (2) the whereabouts of the addressee are unknown; or (3) it shall be delivered otherwise in the special ways provided for in laws or agreed upon by the relevant international treaty concluded or acceded to by China. Article 2. Service of civil litigation documents in the way of court express shall have the same legal validity as the service by the people's court. Article 3. When filing an action or making defense, a party shall provide or confirm to the people's court his accurate address for service and fill in a confirmation of the address for service. If any party refuses to provide his address for service, the people's court shall tell him the adverse effects of his failure to do so and have that noted in the record. Article 4. A confirmation of the address for service shall contain the zip code and detailed address for service and phone number of the addressee. If required by the party, the people's court shall keep confidential the content of the confirmation of address for service. In the case of any change in his address for service during the procedures of first and second instances and before the completion of execution, the party shall promptly notify the people's court of such change in writing. Article 5. If any party refuses to provide his address for service even after the people's court has told him the effects of such refusal, in the case of a natural person, his address for service shall be his domicile indicated in his household registration or his habitual residence and, in the case of a legal person or other organization, its address for service shall be its domicile indicated in its industrial and commercial registration or its domicile as otherwise lawfully registered or submitted for record. Article 6. After making delivery according to the address for service provided or confirmed by the party, the postal agency shall send the receipt back to the people's court within a specified time limit. If it fails to complete the service with three tries to deliver in five days according to the address for service provided or confirmed by the party and is unable to notify the party by calling or in any other method of contact, the postal agency shall sent the mail back to the people's court within a specified time limit with reasons for such return being stated. Article 7. If the addressee has designated a receiving agent, the receipt signed by the receiving agent shall be deemed signed by the addressee himself. If it does not see the addressee at the address for service provided or confirmed by the addressee, the postal agency may deliver the mail to any of the addressee's adult relatives living together with the addressee for his receiving on behalf of the addressee, unless such relative is the other party in the same case. Article 8. the addressee or his receiving agent shall sign his name, affix his seal or put his thumbprint on the receipt of the mail. To sign a receipt, the addressee or his receiving agent shall produce his valid ID certificate and fill in the receipt with the number of the certificate. If the addressee or his receiving agent refuses to sign the receipt, the mailman of the postal agency shall note down the circumstance and return the mail to the people's court. Article 9. A mail has been served under any of the following circumstances: (1) the addressee has signed his name, affixed his seal or put his thumbprint on the receipt of the mail; (2) the legal agent of the addressee has signed the receipt, in the case that the addressee is a natural person without or with limited capacity of civil conduct; (3) the legal representative of the legal person or the person in charge of the organization or any of the personnel of the general office, office for incoming and outgoing of mails or office on duty of the legal person or organization has signed the receipt, in the case that the addressee is a legal person or other organization; (4) the addressee's agent ad litem has signed the receipt; (5) the receiving agent designated by the addressee has signed the receipt; or (6) any of the addressee's adult relatives living together with the addressee has signed the receipt. Article 10. Before signing a receipt, the addressee or the legal representative, person in charge, legal agent or agent ad litem of the addressee shall verify the content of the mail and shall immediately point out to the mailman the discrepancy between the content of the mail and the title of document indicated in the receipt, if any. The mailman shall note down such discrepancy in the receipt and return the mail to the people's court. In the case that the receipt has been signed by any of the personnel of the general office, office for incoming and outgoing of mails or office on duty of the addressee or by any of the addressee's adult relatives living together with the addressee, if the addressee finds any discrepancy between the content of the mail and the title of document indicated in the receipt, he shall return the mail to the people's court within three days after receipt of the mail with reasons for such return being stated in writing. Article 11. If the addressee fails to actually receive the litigation document due to the inaccuracy of the address for service provided or confirmed by the addressee himself, refusal of the addressee to provide the address for service, any change in the address for service without the addressee's prompt notice to the people's court, or refusal of the addressee or his receiving agent to sign a receipt, the date on which the document is returned shall be deemed as the date of service. The preceding paragraph shall not apply to the situation that the addressee can prove that he has no fault during the delivery of the litigation document. Article 12. These Provisions shall come into force as of January 1, 2005. In the case of any discrepancy between any previous judicial interpretation by this Court and these Provisions, the latter shall prevail. |
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