Interpretation Of Foreign Related Litigation Procedures

First, fill in the blanks.

1. Civil actions involving foreign elements include: the relationship between the civil law and the legal relationship between the parties concerned.

Beyond seas.

2, the civil procedure involving foreign affairs includes: the right and wrong principles, the principles of the enforcement of foreign related civil cases, and the formalities of the two countries.

3, the special jurisdiction of the defendant in the field of foreign related civil proceedings without residence in our country has the following several parts: the following points are: the right place for the defendant to be seized, the place where the defendant can be seized, and the representative office of the defendant.

4, China's foreign arbitration institutions are the organizations of the Chinese people's Republic of China's International Trade Promotion Committee.

5, according to the law, disputes in foreign-related economy, pportation, and pportation should be returned to those who are in charge.

6, the judicial assistance required by courts of various countries, including those of the people's Republic of China, the people's Republic of China.

Two. Single choice question.

1, a civil representative who enjoys judicial immunity and is engaged in commercial activities in his country is subject to the jurisdiction of the court.

A, B, UN

C, third country D, homeland

2. A lawsuit relating to identity relations raised by persons not living in People's Republic of China shall be under the jurisdiction of the people's court.

A, place of action B, location of the subject matter.

C, the place where the plaintiff's domicile D and the defendant can be seized.

3, trial of foreign related civil cases.

A, no B, yes.

C, within six months from the date of filing, D, within one year after the date of filing.

Three, multiple choice questions

1, according to the legislative spirit and practical experience of the civil procedure law, the principles of jurisdiction in foreign related civil proceedings are mainly the following:

A, safeguarding state sovereignty B, respecting international treaties and international conventions.

D, arbitration first, litigation D, and use of Chinese language.

2, according to the specific provisions of the civil procedure law, the way to deliver the litigation documents to the civil litigants involved in foreign affairs is the right way.

A, served through diplomatic channels

B, mailing service

C, notice service

D, presumed service

Four. Judge the right and wrong questions.

1, civil litigation involving Taiwan, Hong Kong and Macao is by no means foreign related civil action.

2, China's foreign-related arbitration institutions are non-governmental organizations.

3, foreign embassies and consulates in China can not directly serve the litigation documents and investigation and evidence collection of citizens in China.

Five. Noun interpretation.

1. Civil litigation involving foreign elements

2. Civil procedure involving foreign elements

3, judicial immunity

4. Civil jurisdiction over foreign affairs

5, default jurisdiction (presumptive jurisdiction, acceptance jurisdiction)

6. Foreign arbitration

7, service abroad

8, judicial assistance

9, general judicial assistance

10. Special judicial assistance

Six, short answer

1, briefly describe what is a civil lawsuit involving foreign elements.

2, summarize the general principles of foreign civil procedure.

3, briefly describe the way of serving litigation documents in civil litigation involving foreigners.

4, a brief description of the principle of judicial assistance.

5, a brief description of the way to carry out general judicial assistance.

Seven. Case analysis.

A ship freighter accidentally knocked down the aluminum ladder at the third berth of a port in China's Martin port and hit the head of our dock worker Wang Li, causing injury to Wang Li and concussion.

Reference answer

First, fill in the blanks.

1. Disputes over property of litigants in foreign countries and facts

2, accept, adjudication, system, safeguard state sovereignty, respect international treaties and international conventions.

3. Place of action, object of litigation

4. Civil affairs, China International Trade Arbitration Commission and China Maritime Arbitration Commission.

5. Trade, maritime affairs, people's courts, foreign arbitration institutions, and written documents.

6, general judicial assistance and special judicial assistance.

Two. Single choice question.

1, A 2, C 3, A

Three, multiple choice questions

1, A, B 2, A, B, C

Four. Judge the right and wrong questions.

1, 2, 3, wrong

Five. Noun interpretation.

1. Civil litigation involving foreign elements

Civil actions involving foreigners and civil actions involving foreign elements.

2. Civil procedure involving foreign elements

Accepting, judging and executing foreign related civil cases and principles, systems and procedures.

3, judicial immunity

A right to exempt from jurisdiction, where a person who enjoys diplomatic immunity, if involved in civil or criminal proceedings, shall not be under the jurisdiction of a court in the country; if a person brings a suit to a person enjoying diplomatic privileges, the court in the country shall not accept it.

Legal provisions concerning the jurisdiction of foreign cases and civil cases involving foreign elements.

5, default jurisdiction (presumptive jurisdiction, acceptance jurisdiction)

The court without jurisdiction has accepted the prosecution of the interested party. After the other party has received the notification of the action, he has not mentioned the objection to the jurisdiction, and has used the respondent's defense, that is, he considers that the court's jurisdiction is recognized.

6. Foreign arbitration

The parties involved in foreign economic, trade, pportation and maritime disputes voluntarily reach a written agreement to apply for arbitration by foreign arbitration institutions to determine the facts of their disputes, and to make a ruling on their rights and obligations.

7, service abroad

The people's court served the litigation documents to the parties outside China.

8, judicial assistance

The cooperation and assistance in judicial work between different courts in different countries accept entrustment and act on behalf of each other in order to complete their respective trial tasks.

9, general judicial assistance

In accordance with treaties or reciprocal relations, courts of different countries entrust each other and act on behalf of certain court proceedings, such as asking witnesses, firm people, investigating evidence and serving litigation documents.

10. Special judicial assistance

Our people's courts and foreign courts request each other to recognize and assist in the execution of judgments, rulings and decisions made by one party.

Six, short answer

1, civil actions involving foreign elements refer to:

(1) the property that the litigants disputed is abroad.

(2) the fact that the civil legal relationship between litigants has occurred, changed or eliminated is abroad.

1. Abide by the principles of China's civil procedure law.

2. The principle of giving priority to special provisions

3. The principle of civil trial by foreigners, foreign enterprises and organizations in the territory of China shall be tried by the people's courts.

Abide by the principles of international treaties and correctly solve the relationship between international law and domestic law.

Equal principle.

The principle of reciprocity.

(I) respect the principle of judicial immunity.

In the evening, Chinese people, foreign enterprises and organizations are required to entrust lawyers with litigation in the people's courts. They must entrust the principles of Chinese lawyers.

We shall apply the principles of language and general language in China in the people's courts.

3, the way of delivering litigation documents to foreign civil litigants is: