Civil Procedure Law: Foreign Related Civil Procedure

I. judgment and principles of civil litigation involving foreign elements

Foreign related factors: subject, legal relationship and subject matter

General principles of civil procedure involving foreign elements:

One Judicial sovereignty Principle: apply the principles of China's civil procedure law, and use our common language and writing principles.

2. the principle of judicial immunity: Civil Justice The limitation and incompleteness of immunity.

3. the principle of entrustment of Chinese lawyers, foreign lawyers can participate in litigation as an agent, and can not participate as lawyers.

Two. Foreign Affairs Civil action Jurisdiction

(1) involved jurisdiction (the 265 law of civil procedure)

The 265th article of the civil procedure law, a lawsuit brought against a defendant who has no domicile in the territory of People's Republic of China because of contractual disputes or other disputes over property rights, shall be governed by the people's Court of the place where the contract is signed, where the contract is performed, the place where the object of the litigation is located, where the place for the seizure is located, where the object of the seizure is located, where the infringement is committed or where the representative office resides, or if the contract is in the territory of the People's Republic of China, or if the contract is in the Chinese territory, or the defendant has property to be seized in the Chinese territory, or the defendant has representative offices in the Chinese field.

(two) exclusive jurisdiction (266 of the Civil Procedure Law)

The 266th article of the civil procedure law is governed by the People's Republic of China people's court for the proceedings arising from disputes arising from the execution of Sino foreign joint venture contract, Sino foreign contractual joint venture contract and Sino foreign cooperative exploration and development natural resources contract in People's Republic of China.

Three. Special provisions concerning foreign affairs

The reply period and the appeal period (no distinction between the judgment and the ruling) are 30 days, and the reply period and the appeal period can be extended.

Applicable standards during the period of [attention]

Four, judicial assistance

1. the basis / way of judicial assistance

2. contents and ways of judicial assistance

General judicial assistance (civil law 276-278)

276th according to the international treaties concluded or acceded to by People's Republic of China or in accordance with the principle of reciprocity, the people's courts and foreign courts can request each other to serve documents, investigate evidence and conduct other proceedings.

If a foreign court's request for assistance is detrimental to the sovereignty, security or public interests of People's Republic of China, the people's court shall not enforce it.

The 277th request and the provision of judicial assistance shall be carried out in accordance with the provisions stipulated in the international treaties concluded or acceded to by People's Republic of China.

　 　 Special judicial assistance (civil law 280-283)

The 280th court decision or ruling made by a foreign court requires the recognition and enforcement by the people's Court of People's Republic of China. The parties concerned may apply directly to the intermediate people's Court of the PRC for recognition and enforcement, or the foreign court may request the people's court to recognize and execute it in accordance with the provisions of the international treaties concluded or acceded to by the country or in accordance with the principle of reciprocity in People's Republic of China.

The 282nd people's courts shall, after making a review of the legally effective judgments and rulings made by foreign courts that apply for or request for recognition and enforcement, in accordance with the international treaties concluded or acceded to by People's Republic of China or in accordance with the principle of reciprocity, do not consider that they are not in violation of the basic principles of the People's Republic of China law or the state sovereignty, security and social public interests. If they are adjudication of their effectiveness, they shall issue an order for enforcement, in accordance with the relevant provisions of this law. Those who violate the basic principles of the laws of the People's Republic of China or state sovereignty, security and social and public interests shall not be recognized and implemented.

The 283rd decision of a foreign arbitral body needs the recognition and enforcement of the people's Court of People's Republic of China. It shall be applied directly to the intermediate people's Court of the place where the person is executed or where the property is located, and the people's court shall handle it in accordance with the international treaties concluded or acceded to by the People's Republic of China or in accordance with the principle of reciprocity.