1. According to the Chinese civil procedural law, the following conditions must be met when a lawsuit is to be brought with a Mainland Chinese court
1.1 the plaintiff is a citizen, legal person or other organization that has relationship of direct interest in the case;
1.2 the defendant is affirmative;
1.3 there are concrete litigation requests, facts and reasons;
1.4 the lawsuit shall be within the scope of acceptance for civil litigations by the court and also under the jurisdiction of the court where the lawsuit is to be brought with.
2. When a lawsuit is brought to a Chinese court, a statement for pleadings shall be submitted to the court, and copies of the statement shall also be provided to the court according to the number of defendants.
3. While filing a case with the Chinese court, the overseas plaintiff shall also present to the court the duly notarized power of attorney if a Chinese lawyer or any other person may be appointed on your behalf to appear at the court, together with some, not all, primarily supportive evidences. As for how to duly notarize the overseas power of attorney and overseas-made evidences, please see my blog dated 6th December 2007 for reference.
4. When a court receives the statement for pleadings and finds after examination that it meets the requirements for acceptance, the court shall place the case on the docket within 7 days and notify the parties concerned; if it does not meet the requirements for acceptance, the court shall made an order within 7 days to reject it. The plaintiff may file an appeal to a higher court if not satisfied with the court rejection order.
5. When a court accepts a case by law, they normally issue you a written notice in time which requests you to pay court charges within 7 days or at a designated time(note: to compared with the common law courts abroad, the Chinese court charges are quite expensive, for they are subject to the money to be claimed for, i.e. the more you claim your money, the more you have to pay to the Chinese court; additionally, you have to pay the court charges for trials of 1st instance and also of 2nd instance while filing a case or appealing to a higher court; the court charges, however, may generally be compensated from the rival party once you win a case). Suppose the court charges are not timely paid without reasonable grounds, the court will not accept the case any more. Meanwhile, the notice will also inform deadline for you to submit to the court all of your supportive evidences. At the expiration of the deadline, the court may not accept your delayed supportive evidences, for they may not be questioned and argued at the court, as rigidly prescribed by corresponding judiciary interpretations.
1.1 the plaintiff is a citizen, legal person or other organization that has relationship of direct interest in the case;
1.2 the defendant is affirmative;
1.3 there are concrete litigation requests, facts and reasons;
1.4 the lawsuit shall be within the scope of acceptance for civil litigations by the court and also under the jurisdiction of the court where the lawsuit is to be brought with.
2. When a lawsuit is brought to a Chinese court, a statement for pleadings shall be submitted to the court, and copies of the statement shall also be provided to the court according to the number of defendants.
3. While filing a case with the Chinese court, the overseas plaintiff shall also present to the court the duly notarized power of attorney if a Chinese lawyer or any other person may be appointed on your behalf to appear at the court, together with some, not all, primarily supportive evidences. As for how to duly notarize the overseas power of attorney and overseas-made evidences, please see my blog dated 6th December 2007 for reference.
4. When a court receives the statement for pleadings and finds after examination that it meets the requirements for acceptance, the court shall place the case on the docket within 7 days and notify the parties concerned; if it does not meet the requirements for acceptance, the court shall made an order within 7 days to reject it. The plaintiff may file an appeal to a higher court if not satisfied with the court rejection order.
5. When a court accepts a case by law, they normally issue you a written notice in time which requests you to pay court charges within 7 days or at a designated time(note: to compared with the common law courts abroad, the Chinese court charges are quite expensive, for they are subject to the money to be claimed for, i.e. the more you claim your money, the more you have to pay to the Chinese court; additionally, you have to pay the court charges for trials of 1st instance and also of 2nd instance while filing a case or appealing to a higher court; the court charges, however, may generally be compensated from the rival party once you win a case). Suppose the court charges are not timely paid without reasonable grounds, the court will not accept the case any more. Meanwhile, the notice will also inform deadline for you to submit to the court all of your supportive evidences. At the expiration of the deadline, the court may not accept your delayed supportive evidences, for they may not be questioned and argued at the court, as rigidly prescribed by corresponding judiciary interpretations.
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