DetailsDo foreigners in China enjoy the same litigation rights as Chinese?
Yes, they do. Aliens, stateless persons, foreign enterprises and organizations that bring suits or enter appearance in the courts shall have the same litigation rights and obligations as citizens, legal persons and other organizations of China. If the courts of a foreign country impose restrictions on the civil litigation rights of the citizens, legal persons and other organizations of China, the courts of China shall follow the principle of reciprocity regarding the civil litigation rights of the citizens, enterprises and organizations of that foreign country.
Can foreigners apply for property preservation with China courts?
Yes, they can. In the cases where the execution of a judgment may become impossible or difficult as a result of the acts by either party or for other reasons, the court may, at the application of the other party, order the adoption of measures for property preservation. In adopting property preservation measures, the court may enjoin the applicant to provide security; if the applicant fails to do so, his application shall be rejected. After receiving an application, the court must, if the case is urgent, make an order within 48 hours; if the order for the adoption of property preservation measures is made, the execution thereof shall begin immediately.
Any interested party whose lawful rights and interests would, due to urgent circumstances, suffer irretrievable damage without immediately applying for property preservation, may, before filing a lawsuit, apply to the court for the adoption of property preservation measures. The applicant must provide security; if he fails to do so, his application shall be rejected. After receiving an application, the court must make an order within 48 hours; if the court orders the adoption of property preservation measures, the execution thereof shall begin immediately.
How long does the litigation case last in China?
A court trying a case in which the ordinary procedure is followed, shall conclude the case within six months from the date of docketing the case. Where an extension of the period is necessary under special circumstances, a six-month extension may be allowed subject to the approval of the president of the court. Further extension, if needed, shall be reported to the court at a higher level for approval. The court trying a case in which summary procedure is followed shall conclude the case within three months from the date of placing the case on the docket. The summary procedure may be shifted to the ordinary procedure if necessary. The actual time period for the foreign-related litigation may be longer than the time mentioned above.
How can foreigners participate in the litigation in China?
The court shall conduct trials of civil cases involving foreign element in the spoken and written language commonly used in China. Translation may be provided at the request of the parties concerned, and the expenses shall be borne by them. When foreign nationals, stateless persons or foreign enterprises and organizations need lawyers as agents ad litem to bring an action or enter appearance on their behalf in the court, they must appoint lawyers of China.
Any power of attorney mailed or forwarded by other means from outside the territory of China by a foreign national, stateless person or a foreign enterprise and organization that has no domicile in China for the appointment of a lawyer or any other person of China as an agent ad litem must be notarized by a notary office in the country of domicile and authenticated by the Chinese embassy or consulate accredited to that country or, for the purpose of verification, must go through the formalities stipulated in the relevant bilateral treaties between China and that country before it becomes effective.