Article 11. If a perty or parties have made an application for conciliation with an illegitimate intention, the court may dismiss such application at its discretion. When, however, the conciliation committee has been convened, dismissal must be made only after hearing the opinion of the committee. Article 12. No objection can be raised against the discretion mentioned in the two preceding Articles. Article 13. In case the application for conciliation has been dismissed in conformity with the provisions of Article 11, the parties to the dispute Kay immediately institute an action, irrespective of the provisions of Article 3 Article 14. The conduct of the parties to the dispute or interested parties during the conciliation process cannot be quoted in civil litigation. Article 15. In respect of an action pending in a court over juridical relations in private law, the court may refer the case to conciliation by its authority.. Article 16. If a party has instituted an action over the claims mentioned in Article 3, without recourse to conciliation, the court shall refer the case to conciliation by its authority. Article 17. In regard to an action instituted after recourse to conciliation over the claims mentioned in Article 3, the court may, on application of the parties or by its authority, refer the matter to conciliation for a second time, if the conduct of the parties during the conciliation process is deemed to have been insincere cr unsatisfactory. This applies also, when it is deemed proper to refer the case to conciliation for a second time, on account of a change of circumstances or for other reasons. Article 18. In case of a lawful objection raised against an order for payment, the court where the action has been instituted shall refer the case to conciliation by its authority, if the subject-matter falls under the category of claims mentioned in Article 3. Article 19. If a case has been referred to conciliation in conformity with the four preceding Articles, the legal proceedings must be suspended until the conclusion of the conciliation process. Article 20. In regard to an action instituted over the subject-matter of which an application has later been filed for conciliation, the court where the action is pending may suspend the proceedings at its discretion, until after the conclusion of the conciliation process. Article 21. The court where a conciliation case is pending may, if it is deemed necessary for the purpose of conciliation, order at its discretion the preservation and other matters respecting the property. Article 22. The court where a conciliation case is pending Lay, if it is deemed necessary for the purpose of conciliation, order at its discretion a temporary suspension respecting the subject-matter in dispute, or compulsory execution or auction prescribed by the Public Auction Law, with or without the deposition of security. In the case mentioned above, the provisions of Article 111, 112, 114, and 115 of the Code of Civil Procedure apply, with necessary modifications. Article 23. No objection can be raised against the discretion referred to in the three preceding Articles. Article 24. A party or parties interested in the results of conciliation may participate in the conciliation process, with permission of the court. The court may order a party or parties interested in the results of conciliation to participate in the conciliation process. In regard to the application for participation mentioned in the first paragraph of the present Article, the provisions of Article 9 apply, with necessary modifications. date. Article 25. The court shall order the parties to appear on a specified Article 26. The parties to the dispute and interested parties must appear in person; but with permission of the court, under special circumstances, a representative or representatives may be sent instead, or the parties to the dispute and interested parties may be accompanied by an assistant or assistants. The court may at any time revoke the permission mentioned in the preceding paragraph. Article 27. After hearing the opinion of the parties, the court may order a suitable third person or persons to assist in conciliation. Article 28. In case it is deemed proper for the purpose of facili- · tating conciliation, the court may conduct conciliation outside the court room. Article 29. Conciliation shall not be conducted in public, but the court may admit persons whom it deems proper to witness the proceedings. Article 30. In respect of matters requiring an expense, the court hey order one or both parties to pay the expense in advance, Article 31. When conciliation has been effected or has failed to be effected, the court shall order the clerk to prepare the record of the case. Article 32. The record mentioned in the preceding Article shall contain the items mentioned below, with signatures of the judge and the clerk affixed; C but when the conciliation committee has been opened, the record shall be signed by the chairman and members of the committee and the clerk: 8.. b. c. d. e. Statement of the case; Names of the judge, chairman and members of the committee, Names of the parties and their representatives; Main points of the dispute; Results of conciliation; Matters ordered by the judge or chairman of the committee. 8. Place and date of conciliation. Article 33. When the court has accepted an application for conciliation, it may call the conciliation committee. In case both parties to the dispute have applied, the court must call, the conciliation committoe. Article 34. The conciliation committee shall consist of one chairman and two or more members. Article 35. The chairman of the committee is appointed each year by the president of the district court from among the Judges. The members of the committoo are appointed for each case by the chairman from among the persons chosen by the president of the district court or by the parties. Article 36. The chairan directs the proceedings of the committee. Article 37. Resolutions of the committee are made by unanimous agreement of the chairman and members. Article 38. Consultations of the committee shall be held in camera. Article 39. When the committee is opened, the powers of the court defined in Articles 24 and 31 of the present Act are exercised by the chairman of the committee. Article 40. Mombers of the committee and persons who have assisted in conciliation in conformity with Article 27 shall receive a daily allowance, travelling and hotel expense, as determined by the Minister of Justice. Article 41. The parties to the dispute or interested parties may apply to the clerk for permission to see the record, or for the granting of a full copy or abstract of the record or a certificate regarding the matters relating to the case. The full copy or abstract mentioned above shall bear a statement indicating the nature of the document, and be signed by the clerk, with the seal of the court affixed. Article 42. In case the parties summoned to appear on a specified date fail to do so without good reason, the court may impose upon such parties a fine not exceeding 300 yuan. This must be done after hearing the opinion of the conciliation comittee, if this committee has been called... Supplementery Provisions Article 43. The present Act takes effect on and after December 1, 1937. Article 44. Except where otherwise provided, the present Act applies to the civil disputes of which the applications for amicable settlement were presented before the enforcement of the Act, without prejudice to the effect acquired under previous laws. Article 45. The civil disputes, of which the applications for amicable settlement were accepted by the district court before the enforcement of the present Act, shall be concluded in accordance with previous laws. Article 46. The cases amicably settled in accordance with previous laws shall be deemed to have been settled by conciliation, in regard to the operation of Article 3 of the present Act. Source: "Manchoukuo" Government, Foreign Office, "Manchoukuo" Today, |