中华人民共和国民事诉讼法(5)

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 imprisonment, 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 rehabilitation 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。

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 specified 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.

第八章 调 解

Chapter VIII Conciliation

第八十五条 人民法院审理民事案件，根据当事人自愿的原则，在事实清楚的基础上，分清是非，进行调解。

"Article 85 In the trial of civil cases, the people's court shall distinguish between right and wrong on the basis of the facts being clear and conduct conciliation between the parties on a voluntary basis."

第八十六条 人民法院进行调解，可以由审判员一人主持，也可以由合议庭主持，并尽可能就地进行。

"Article 86 When a people's court conducts conciliation, a single judge or a collegial panel may preside over it. Conciliation shall be conducted on the spot as much as possible."

人民法院进行调解，可以用简便方式通知当事人、证人到庭。

"When a people's court conducts conciliation, it may employ simplified methods to notify the parties concerned and the witnesses to appear in court."

第八十七条 人民法院进行调解，可以邀请有关单位和个人协助。

"Article 87 When a people's court conducts conciliation, it may invite the units or individuals concerned to come to its assistance."

被邀请的单位和个人，应当协助人民法院进行调解。

The units or individuals invited shall assist the people's court in conciliation.

第八十八条 调解达成协议，必须双方自愿，不得强迫。

Article 88 A settlement agreement reached between the two parties through conciliation must be of their own free will and without compulsion.

调解协议的内容不得违反法律规定。