Woman swallows evidence against her in Mainland China

According to a brief report on the South China Morning Post of 27 February 2008, A Zhengzhou court in Henan province has agreed to hear a case against a 48-year-old woman who swallowed a paper bill to avoid repaying a 1.2-million yuan debt to a friend, Xinhua reports. The woman swallowed the note because the bill indicated she “borrowed” the money rather than simply “owed” it, a distinction that allowed the debtor to ignore the debt after two years.

Jason’s comments:

No matter she borrows or owes 1।2-million yuan from/to his friend, as indicated in the swallowed bill, the woman shall all be liable for repayment if the two years of statute of limitation does not expire and also other supportive evidences from plaintiff are legally admitted by court.

According to the General Principles of the Chinese Civil Law regarding statutes of limitations or limitation of action:

Except as otherwise stipulated by law, the limitation of action regarding applications to a people's court for protection of civil rights shall be two years;

The limitation of action shall be one year in cases concerning the following: claims for compensation for bodily injuries, or sales of substandard goods without proper notice to that effect, or delays in paying rent or refusal to pay rent, or loss of or damage to property left in the care of another परसों.

A limitation of action shall begin when the entitled person knows or should know that his rights have been infringed upon। However, the people's court shall not protect his rights if 20 years have passed since the infringement. Under special circumstances, the people's court may extend the limitation of action.

If a party chooses to fulfil obligations voluntarily after the limitation of action has expired, he shall not be subject to the limitation।

A limitation of action shall be suspended during the last six months of the limitation if the plaintiff cannot exercise his right of claim because of force majeure or other obstacles। The limitation shall resume on the day when the grounds for the suspension are eliminated.

A limitation of action shall be discontinued if suit is brought or if one party makes a claim for or agrees to fulfillment of obligations. A new limitation shall be counted from the time of the discontinuance.