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• How to Engage in Civil Litigations in China

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  Kevin Hou

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  How to Engage in Civil Litigations in China

  By Kevin Hou
  Foreign individuals or entities,which have disputes with chinese individuals or entities,or with foreign individuals or entities but the subject matter get involved in china or its people,bring a suit or is asked to appear as defendant in the court of China.Maybe the following instructions can be of help.
  First,Whoever engages in civil litigition within the territory of the People’s Republic of China(“P.R.C.”)must abide by the Civil Procudure Law of the People’s Republic of China(Civil Procedure Law of P.R.C.).Therefor,know something about Civil Procedure Law of P.R.C is necessary to engage in civil litigation in China.Aliens,stateless persons,foreign enterprises and organizations that bring law suits or enter appearance in the courts of China have the same litigation rights and obligations as citizens,legal persons and other organizations of the P.R.C..
  Second,the language used in the couts of China is Chinese,if you don’t speak Chinese,you can employ an linguister to help you.
  Third,the lawyer you retain and represent you,appear in the courts of China shall be licensed to practise in China.It’s better that the lawyer know the language you speak in the court very well and can communicate with you freely.
  Fourth,make sure that the court has jurisdiction over your case correctly.Chinse courts are classified into normal courts and special courts.The nature,amout of the case shall be taken into consideration when fix the court that has jurisdiction over the case.
  Fifth.Issue power of attorney to the lawyer,which specify the matters entrusted and the powers conferred,with the capital’s signature or seal.
  Where the signature or seal of the capital is completed in China,Notary docoment is needed to certify that the signature or seal completed before the notary public.Where the signature or seal of the capital is completed out of China,such power of attorney shall be notaried by the local notary public and legalized by the Chinese embassy or consulate in tht country.
  Sxith.the evidence submitted to the court shall be appended with Chinse translation if the evidence is in a foreign language.
  
  • 18 Jan 2008, 07:22 am
  Kevin Hou wrote: > By Kevin Hou > Foreign individuals or entities,which have disputes with chinese > individuals or entities,or with foreign individuals or entities but > the subject matter get involved in china or its people,bring a suit > or is asked to appear as defendant in the court of China.Maybe the > following instructions can be of help. > First,Whoever engages in civil litigition within the territory of the > People’s Republic of China(“P.R.C.”)must abide by the Civil Procudure > Law of the People’s Republic of China(Civil Procedure Law of > P.R.C.).Therefor,know something about Civil Procedure Law of P.R.C is > necessary to engage in civil litigation in China.Aliens,stateless > persons,foreign enterprises and organizations that bring law suits or > enter appearance in the courts of China have the same litigation > rights and obligations as citizens,legal persons and other > organizations of the P.R.C.. > Second,the language used in the couts of China is Chinese,if you > don’t speak Chinese,you can employ an linguister to help you. > Third,the lawyer you retain and represent you,appear in the courts of > China shall be licensed to practise in China.It’s better that the > lawyer know the language you speak in the court very well and can > communicate with you freely. > Fourth,make sure that the court has jurisdiction over your case > correctly.Chinse courts are classified into normal courts and special > courts.The nature,amout of the case shall be taken into consideration > when fix the court that has jurisdiction over the case. > Fifth.Issue power of attorney to the lawyer,which specify the matters > entrusted and the powers conferred,with the capital’s signature or > seal. > Where the signature or seal of the capital is completed in > China,Notary docoment is needed to certify that the signature or seal > completed before the notary public.Where the signature or seal of the > capital is completed out of China,such power of attorney shall be > notaried by the local notary public and legalized by the Chinese > embassy or consulate in tht country. > Sxith.the evidence submitted to the court shall be appended with > Chinse translation if the evidence is in a foreign language.