Understanding the litigation process in advance can empower you to address disputes confidently.
This article discusses common reasons for lawsuits filed by foreigners in China, steps to file a lawsuit, required paperwork, and typical timeframes.
Is It Difficult to File a Lawsuit in China?
While navigating the Chinese legal system might seem challenging, filing a lawsuit is relatively straightforward, especially with legal assistance. The Chinese judiciary has made significant efforts to improve access and transparency, with most of the litigation process feasible online, filing a lawsuit as a foreigner is much easier than many other countries.
Common Reasons for Foreigners to File Lawsuits in China
Statistics show an increase in civil cases involving foreign individuals. By a rough search on the Chinese lawsuit open database, foreign individuals in China often initiate lawsuits for reasons such as:
Labor Disputes: Common issues include unfair dismissal, wage disputes, overtime pay, or working conditions.
Family and Marital Issues: Divorce, child custody, and property division are typical legal concerns.
Private Lending Disputes: Informal lending disputes between individuals are also common.
Housing Disputes: Though less frequent, disagreements over rental contracts, security deposits, or housing conditions can lead to lawsuits.
Steps to File a Lawsuit in China
For foreign individuals considering legal action, here is an outline of the steps involved in filing a lawsuit in China:
1. Consult a Lawyer: Although legal representation is not required, engaging a lawyer experienced in representing foreigners in civil cases is highly advisable. A lawyer can guide you through each step, from gathering evidence to filing documents, and having one who speaks your language is especially beneficial for overcoming language barriers during litigation.
2. Determine Jurisdiction: Identify the correct court based on the nature of the case.Typically, a civil lawsuit brought against a legal person or any other organization shall be under the jurisdiction of the people's court of the place where the defendant has his domicile. However, some cities have special jurisdictions for foreign-related cases, especially if the claim amount exceeds a certain threshold. It is advisable to consult a legal professional or the court to confirm the jurisdiction.
3. Prepare Documentation:
Statement of Claim: This document outlines the case details, your claims, and the compensation or resolution you seek.
Evidence: Relevant documents like employment contracts, pay stubs, marriage certificates, loan agreements, etc.
Identification: Valid passport or residence permit.
Power of Attorney: If you have a lawyer representing you, you’ll need to provide a Power of Attorney document.
*Translation: All paperwork must be in Chinese. Certified translations are necessary if the documents are in another language.
*Notarization and Authentication: If you plan to attend the court hearing in person, most documents (e.g., ID, Power of Attorney) do not need to be notarized. Recently, Chinese courts have allowed remote testimony for foreign-related cases, meaning that through an online meeting with the foreign party, their attorney, and the judge, the court can confirm the attorney’s representation without requiring the foreign party to appear in court or undergo any notarization or embassy authentication.
For documents generated or signed in China in Chinese language, notarization or embassy authentication is typically unnecessary. Evidence in languages other than Chinese requires only Chinese notarization without the need for embassy certification. As of November 7, 2023, since China is a contracting state to the Apostille Convention, foreign parties from another member state can elect to have their public documents validated with an apostille certificate issued by a competent authority in the foreign country instead.
4. File the Case: Submit the documents to the appropriate court. Conveniently, many Chinese courts allow online submission through WeChat or online portals, saving you a trip to the court. If the jurisdiction is incorrect or documents are missing, the court’s filing department will guide you.
5. Case Acceptance: It may take several days or months for your case to be accepted, depending on the court’s caseload. The court may initiate pre-trial mediation if all parties agree. While recommended, pre-trial mediation is not mandatory. If you decline or if mediation fails, the court will formally accept your case.
6. Attend Court Hearings: Once the court accepts your case, hearings will be scheduled. Chinese courts typically allow foreign plaintiffs to participate remotely if traveling to China is difficult.
7. Await Judgment: After the hearings, the court will issue a judgment.
Fees and Timelines
Court Fees: Fees are generally based on the claim amount in civil cases and are payable upon case acceptance. For disputes without monetary claims, such as divorce or labor disputes, nominal fees apply (e.g., 10 RMB for labor disputes), to protect laborers and vulnerable parties.
Timeframe: Typically, first-instance cases take six months from acceptance to judgment. However, complex cases may receive a six-month extension with higher court approval. Certain procedural delays, such as overseas service and document authentication, are excluded from the trial period.
Appeal Period: After receiving the court’s judgment, parties have 15 days to appeal. Foreign parties, especially those not in China, may be granted an additional 15 days, resulting in a 30-day appeal period from the judgment date.
Final Note
Although filing a lawsuit may seem daunting, especially in a foreign country, the Chinese legal system has streamlined the process significantly. By knowing the steps and requirements, you’ll be better prepared to address any legal issues and protect your rights in China.
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