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Computation of Various Time Limits in the Proceeding

¡ñAll time limits are computed in hours, days, months and years. The beginning hour and day will not be counted in the limits.

¡ñFor limits computed in months and years, the expiration date is the one in the month or year on which such limits expire. For instance, if a court issues an announcement on November 30 to state that it takes effect in three (3) months, then the expiration date should be next year¡¯s February 30. However since February has only 28 days, the expiration date can only be February 28 next year.

¡ñIn case the last day of a time limit falls into holidays and festivals, then the first day after holidays and festivals is the expiration date of such limit. The holidays and festivals aforesaid refer to the statutory holidays and festivals, for instance: two-day weekend (Saturday and Sunday), Labor Day, National Day and Spring Festival. However Women¡¯s Day, Teacher¡¯s Day and other holidays dedicated to certain people or some folk festivals are excluded.

¡ñThe limits does not include the transit time, and the litigation instrument that has been mailed prior to the expiration date shall not been deemed as overdue.

Mini Case Study: Mr. Ma received a ruling against him on September 16 and decided to appeal. All he has to do is to mail his petition for appeal prior to October 8. Given that the time limit for filing an appeal is 15 days, the expiration date is October 1 if the limit starts from September 17, the next day on which Mr. Ma received the ruling. However October 1 falls into the National Day holidays, October 8, the first working day thereafter, is hence the prescribed expiration date for appealing. Regardless of whether the court receives the appeal after October 8 or not, the appeal will be deemed to be filed within the time limit only if Mr. Ma mails prior to October 8.

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The English version of this article, which is translated from the Chinese version by CTPC, is for reference only and shall be subject to the corresponding contents on the Chinese webpage.
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