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	REPLY OF THE SUPREME PEOPLE'S COURT ABOUT HOW TO SOLVE THE PROBLEM OF FAILING TO MAKE A SERVICE UPON THE DEFENDANT ACCORDING TO THE ADDRESS SUPPLIED BY THE PLAINTIFF

	(Legal Interpretation No. 17 [2004] adopted at the 1328th meeting of the Adjudication Committee of the Supreme People's Court on October 9, 2004)


SUBJECT : PROBLEM OF FAILING TO MAKE A SERVICE UPON THE DEFENDANT ACCORDING TO THE ADDRESS SUPPLIED BY THE PLAINTIFF
ISSUING DEPARTMENT : THE SUPREME PEOPLE'S COURT OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 10/09/2004
IMPLEMENT DATE : 10/09/2004
LENGTH : 256 words
TEXT :

Recently some people's courts requested this Court for instructions on how to solve the problem of failing to make a service upon the defendant according to the address supplied by the plaintiff in initiating a lawsuit. In order to apply the law correctly and ensure the parties concerned exercise their litigation rights, you are hereby given a reply as follows in accordance with the Civil Procedural Law of the People's Republic of China:

When the people's court fails to make a service by personally delivering the legal document to the defendant or leaving the legal document at the residence or place of business of the defendant according to the address supplied by the plaintiff in initiating a lawsuit, it shall demand the plaintiff to supplement relevant materials. If, due to any objective reason, the plaintiff fails to make supplements, or if the court is still unable to make sure about the address of the defendant according to the materials supplemented by the plaintiff, the people's court shall serve the legal documents upon the defendant by public announcement. The people's court shall dismiss the lawsuit or make a ruling on terminating the lawsuit merely on the grounds that the plaintiff fails to provide authentic or exact address of the defendant.

If the relevant departments don't allow a party concerned to consult the information about the address of other parties concerned, and if the plaintiff applies with the people's court to inquire such information, the people's court shall make the inquiry as per the pleading of the plaintiff.