第一百八十一条 当事人对已经发生法律效力的解除婚姻关系的判决，不得申请再审。

"Article 181 With respect to a legally effective judgment on dissolution of marriage, neither of the two parties shall apply for a retrial."

第一百八十二条 当事人申请再审，应当在判决、裁定发生法律效力后二年内提出。

Article 182 Application for a retrial made by a party must be submitted within two years after the judgment or written order becomes legally effective.

第一百八十三条 按照审判监督程序决定再审的案件，裁定中止原判决的执行。裁定由院长署名，加盖人民法院印章。

"Article 183 When a decision is made to retry a case in accordance with the procedure for trial supervision, the execution of the original judgment shall be suspended by a written order which shall be signed by the president of the court with the seal of the people's court affixed to it."

第一百八十四条 人民法院按照审判监督程序再审的案件，发生法律效力的判决、裁定是由第一审法院作出的，按照第一审程序审理，所作的判决、裁定，当事人可以上诉；

"Article 184 With respect to a case pending retrial by a people's court in accordance with the procedure for trial supervision, if the legally effective judgment or written order was made by a court of first instance, the case shall be tried in accordance with the procedure of first instance, and the parties concerned may appeal against the new judgment or order; "

发生法律效力的判决、裁定是由第二审法院作出的，按照第二审程序审理，所作的判决、裁定，是发生法律效力的判决、裁定；

"if the legally effective judgment or written order was made by a court of second instance, the case shall be tried in accordance with the procedure of second instance, and the new judgment or written order shall be legally effective; "

上级人民法院按照审判监督程序提审的，按照第二审程序审理，所作的判决、裁定是发生法律效力的判决、裁定。

"if it is a case which was brought up for trial by a people's court at a higher level, it shall be tried in accordance with the procedure of second instance, and the new judgment or written order shall be legally effective."

人民法院审理再审案件，应当另行组成合议庭。

The people's court shall form a new collegial panel for the purpose of the retrial.

第一百八十五条 最高人民检察院对各级人民法院已经发生法律效力的判决、裁定，上级人民检察院对下级人民法院已经发生法律效力的判决、裁定，发现有下列情形之一的，应当按照审判监督程序提出抗诉：

"Article 185 If the Supreme People's Procuratorate finds that a legally effective judgment or written order made by a people's court at any level involves any of the following circumstances, or if a people's procuratorate at a higher level finds that a legally effective judgment or written order made by a people's court at a lower level involves any of the following circumstances, the Supreme People's Procuratorate or the people's procuratorate at a higher level shall respectively" title="ad.各自地；分别地">respectively lodge a protest in accordance with the procedure for trial supervision: "

（一）原判决、裁定认定事实的主要证据不足的；

(1) the main evidence for ascertaining the facts in the previous judgment or written order was insufficient;

（二）原判决、裁定适用法律确有错误的；

(2) there was a definite error in the application of the law in the previous judgment or written order;

（三）人民法院违反法定程序，可能影响案件正确判决、裁定的；

(3) there was violation by the people's court of the legal procedure which may have affected the correctness of the judgment or written order;

（四）审判人员在审理该案件时有贪污受贿，徇私舞弊，枉法裁判行为的。

"or (4) the judicial officers have committed embezzlement, accepted bribes, done malpractice for personal benefits and perverted the law in the trial of the case. "

地方各级人民检察院对同级人民法院已经发生法律效力的判决、裁定，发现有前款规定情形之一的，应当提请上级人民检察院按照审判监督程序提出抗诉。

"If a local people's procuratorate at any level finds that a legally effective judgment or written order made by a people's court at the corresponding level involves any of the circumstances specified above, it shall refer the matter to the people's procuratorate at a higher level with the request that a protest be lodged by the latter in accordance with the procedure for trial supervision."

第一百八十六条 人民检察院提出抗诉的案件，人民法院应当再审。

Article 186 Cases in which protest was made by the people's procuratorate shall be retried by the people's court.

第一百八十七条 人民检察院决定对人民法院的判决、裁定提出抗诉的，应当制作抗诉书。

"Article 187 When a people's procuratorate decides to lodge a protest against a judgment or written order made by a people's court, it shall make the protest in writing."

第一百八十八条 人民检察院提出抗诉的案件，人民法院再审时，应当通知人民检察院派员出席法庭。

"Article 188 The people's court shall, in retrying a case in which protest was lodged by a people's procuratorate, notify the procuratorate to send representatives to attend the court session."

第十七章 督促程序

Chapter XVII Procedure for Hastening Debt Recovery

第一百八十九条 债权人请求债务人给付金钱、有价证券，符合下列条件的，可以向有管辖权的基层人民法院申请支付令：

"Article 189 When a creditor requests payment of a pecuniary debt or recovery of negotiable instruments from a debtor, he may, if the following requirements are met, apply to the basic people's court that has jurisdiction for an order of payment: "

（一）债权人与债务人没有其他债务纠纷的；

(1) no other debt disputes exist between the creditor and the debtor;

（二）支付令能够送达债务人的。

and (2) the order of payment can be served on the debtor.

申请书应当写明请求给付金钱或者有价证券的数量和所根据的事实、证据。

The application shall clearly state the requested amount of money or of the negotiable instruments and the facts and evidence on the basis of which the application is made.

第一百九十条 债权人提出申请后，人民法院应当在五日内通知债权人是否受理。

"Article 190 After the creditor has submitted his application, the people's court shall within five days inform the creditor whether it accepts the application or not."

第一百九十一条 人民法院受理申请后，经审查债权人提供的事实、证据，对债权债务关系明确、合法的，应当在受理之日起十五日内向债务人发出支付令；

"Article 191 After accepting the application and upon examination of the facts and evidence provided by the creditor, the people's court shall, if the rights and obligations relationship between the creditor and the debtor is clear and legitimate, issue within 15 days after accepting the application an order of payment to the debtor; "

申请不成立的，裁定予以驳回。

"if the application is unfounded, the people's court shall make an order to reject it."

债务人应当自收到支付令之日起十五日内清偿债务，或者向人民法院提出书面异议。

"The debtor shall, within 15 days after receipt of the order of payment, clear off his debts or submit to the people's court his dissent in writing."

债务人在前款规定的期间不提出异议又不履行支付令的，债权人可以向人民法院申请执行。

"If the debtor has neither dissented from nor complied with the order of payment within the period specified in the preceding paragraph, the creditor may apply to the people's court for execution."

第一百九十二条 人民法院收到债务人提出的书面异议后，应当裁定终结督促程序，支付令自行失效，债权人可以起诉。

"Article 192 The people's court shall, on receiving the dissent in writing submitted by the debtor, make an order to terminate the procedure for hastening debt recovery and the order of payment shall of itself be invalidated. The creditor may bring an action in the people's court."

第十八章 公示催告程序

Chapter XVIII Procedure for Publicizing Public Notice for Ass ertion of Claims

第一百九十三条 按照规定可以背书转让的票据持有人，因票据被盗、遗失或者灭失，可以向票据支付地的基层人民法院申请公示催告。

"Article 193 Any holder of a bill transferable by endorsement according to the law may, if the bill is stolen, lost, or destroyed, apply to the basic people's court of the place where the bill is to be paid for publication of public notice for assertion of claims. "

依照法律规定可以申请公示催告的其他事项，适用本章规定。

"The provisions of this Chapter shall apply to other matters for which, according to the law, an application for publication of a public notice for assertion of claims may be made."

申请人应当向人民法院递交申请书，写明票面金额、发票人、持票人、背书人等票据主要内容和申请的理由、事实。

"The applicant shall submit to the people's court an application which clearly states the main contents of the bill such as the face amount, the drawer, the holder, the endorser, and the facts and reasons in respect of the application."

第一百九十四条 人民法院决定受理申请，应当同时通知支付人停止支付，并在三日内发出公告，催促利害关系人申报权利。

"Article 194 The people's court shall, upon deciding to accept the application, notify the payor concerned in the meantime to suspend the payment, and shall, within three days, issue a public notice for the interested parties to assert their rights. "

公示催告的期间，由人民法院根据情况决定，但不得少于六十日。

"The period of the public notice shall be decided at the discretion of the people's court; however, it shall not be less than 60 days."

第一百九十五条 支付人收到人民法院停止支付的通知，应当停止支付，至公示催告程序终结。

"Article 195 The payor shall, upon receiving the notification by the people's court to suspend the payment, do so accordingly till the conclusion of the procedure for publicizing a public notice for assertion of claims."

公示催告期间，转让票据权利的行为无效。

"Within the period of the public notice, assignment of rights on the bill shall be void."

第一百九十六条 利害关系人应当在公示催告期间向人民法院申报。

Article 196 Interested party or parties as claimants shall report their claims to the people's court within the period of the public notice.

人民法院收到利害关系人的申报后，应当裁定终结公示催告程序，并通知申请人和支付人。

"After receiving the report on the claims by interested party or parties, the people's court shall make a written order to terminate the procedure for publicizing public notice for assertion of claims, and notify the applicant and the payor."

申请人或者申报人可以向人民法院起诉。

The applicant or the claimants may bring an action in the people's court.

第一百九十七条 没有人申报的，人民法院应当根据申请人的申请，作出判决，宣告票据无效。

"Article 197 If no claim is asserted, the people's court shall make a judgment on the basis of the application to declare the bill in question null and void."

判决应当公告，并通知支付人。

The judgment shall be published and the payor notified accordingly.

自判决公告之日起，申请人有权向支付人请求支付。

"As of the date of publication of the judgment, the applicant shall be entitled to payment by the payor."

第一百九十八条 利害关系人因正当理由不能在判决前向人民法院申报的，自知道或者应当知道判决公告之日起一年内，可以向作出判决的人民法院起诉。

"Article 198 If an interested party for justified reasons was unable to submit his claim to the people's court before the judgment is made, he may, within one year after the day he knows or should know the publication of the judgment, bring an action in the people's court which has made the judgment."

第十九章 企业法人破产还债程序

Chapter XIX Procedure for Bankruptcy and Debt Repayment of Legal P erson Enterprises

第一百九十九条 企业法人因严重亏损，无力清偿到期债务，债权人可以向人民法院申请宣告债务人破产还债，债务人也可以向人民法院申请宣告破产还债。

"Article 199 If a legal person enterprise has suffered serious losses and is unable to repay the debts at maturity, the creditors may apply to a people's court for declaring the debtorbankrupt for debts to be repaid; the debtor may likewise apply to a people's court for declaring bankruptcy" title="n.破产">bankruptcy for debts to be repaid."

第二百条 人民法院裁定宣告进入破产还债程序后，应当在十日内通知债务人和已知的债权人，并发出公告。

"Article 200 After making an order to declare the initiation of the bankruptcy" title="n.破产">bankruptcy and debt repayment proceedings, the people's court shall notify the debtor and the known creditors within ten days and also make a public announcement."

债权人应当在收到通知后三十日内，未收到通知的债权人应当自公告之日起三个月内，向人民法院申报债权。

"Creditors who have been notified shall, within 30 days after receiving the notice, and those who have not been notified shall, within three months after the date of the announcement, lodge their claims with the people's court. "

逾期未申报债权的，视为放弃债权。

Creditors who fail to lodge their claims during the respective periods shall be deemed to have abandoned their rights.

债权人可以组成债权人会议，讨论通过破产财产的处理和分配方案或者和解协议。

"Creditors may organize a creditors' meeting to discuss and approve of a formula for the disposition and distribution of bankrupt property, or for a composition agreement."