第二节 送 达

Section 2 Service

 

第七十七条 送达诉讼文书必须有送达回证，由受送达人在送达回证上记明收到日期，签名或者盖章。

Article 77 A receipt shall be required for every litigation document that is served and it shall bear the date of receipt noted¹ by the signature or seal of the person on whom the document was served.

 

受送达人在送达回证上的签收日期为送达日期。

The date noted on the receipt by the person on whom the document was served shall be regarded as the date of service of the document.

 

第七十八条 送达诉讼文书，应当直接送交受送达人。受送达人是公民的，本人不在交他的同住成年家属签收；受送达人是法人或者其他组织的，应当由法人的法定代表人、其他组织的主要负责人或者该法人、组织负责收件的人签收；受送达人有诉讼代理人的，可以送交其代理人签收；受送达人已向人民法院指定代收人的，送交代收人签收。

"Article 78 Litigation documents shall be sent or delivered directly to the person on whom they are to be served. If that person is a citizen, the documents shall, in case of his absence, be receipted by an adult member of his family living with him. If the person on whom they are to be served is a legal person or any other organization, the documents shall be receipted by the legal representatives of the legal person or the principal heads of the other organization or anyone of the legal person or the other organization responsible for receiving such documents; if the person on whom they are to be served has an agent ad litem, the documents may be receipted by the agent ad litem; if the person on whom they are to be served has designated a person to receive litigation documents on his behalf and has informed the people's court of it, the documents may be receipted by the person designated."

 

受送达人的同住成年家属，法人或者其他组织的负责收件的人，诉讼代理人或者代收人在送达回证上签收的日期为送达日期。

"The date put down in the receipt and signed by the adult family member living with the person or whom the litigation documents are to be served, or by the person responsible for receiving documents of a legal person or any other organization, or by the agent ad litem, or the person designated to receive documents shall be deemed the date of service of the documents."

 

第七十九条 受送达人或者他的同住成年家属拒绝接收诉讼文书的，送达人应当邀请有关基层组织或者所在单位的代表到场，说明情况，在送达回证上记明拒收事由和日期，

"Article 79 If the person on whom the litigation documents are to be served or the adult family member living with him refuses to receive the documents, the person serving the documents shall ask representatives from the relevant grass-roots organization or the unit to which the person on whom the documents are to be served belongs to appear on the scene, explain the situation to them, and record on the receipt the reasons of the refusal and the date of it. "

 

由送达人、见证人签名或者盖章，把诉讼文书留在受送达人的住所，即视为送达。

"After the person serving the documents and the witnesses have affixed² their signatures or seals to the receipt, the documents shall be left at the place where the person on whom they are to be served lives and the service shall be deemed completed."#p#分页标题#e##p#分页标题#e#

 

第八十条 直接送达诉讼文书有困难的，可以委托其他人民法院代为送达，或者邮寄送达。邮寄送达的，以回执上注明的收件日期为送达日期。

"Article 80 If direct service proves to be difficult, service of litigation documents may be entrusted³ to another people's court, or done by mail. If the documents are served by mail, the date stated on the receipt for postal⁴ delivery shall be deemed the date of service of the documents."

 

第八十一条 受送达人是军人的，通过其所在部队团以上单位的政治机关转交。

"Article 81 If the person on whom the litigation documents are to be served is a military-man, the documents shall be forwarded to him through the political organ of the unit at or above the regimental level in the force to which he belongs."

 

第八十二条 受送达人是被监禁的，通过其所在监所或者劳动改造单位转交。

"Article 82 If the person on whom the litigation documents are to be served is in imprisonment⁵, the documents shall be forwarded to him through the prison authorities or the unit of reform through labour where the person is serving his term."

 

受送达人是被劳动教养的，通过其所在劳动教养单位转交。

"If the person on whom the litigation documents are to be served is undergoing rehabilitation⁶ through labour, the documents shall be forwarded to him through the unit of his rehabilitation through labour."

 

第八十三条 代为转交的机关、单位收到诉讼文书后，必须立即交受送达人签收，以在送达回证上的签收日期，为送达日期。#p#分页标题#e#

Article 83 The organization or unit that receives the litigation documents to be forwarded must immediately deliver them to and have them receipted by the person on whom they are to be served. The date stated on the receipt shall be deemed the date of service of the documents.

 

第八十四条 受送达人下落不明，或者用本节规定的其他方式无法送达的，公告送达。

"Article 84 If the whereabouts of the person on whom the litigation documents are to be served is unknown, or if the documents cannot be served by the other methods specified⁷ in this Section, the documents shall be served by public announcement. "

 

自发出公告之日起，经过六十日，即视为送达。

"Sixty days after the public announcement is made, the documents shall be deemed to have been served."

 

公告送达，应当在案卷中记明原因和经过。

The reasons for service by public announcement and the process gone through shall be recorded in the case files.

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