Civil Procedure Involving Foreign Interests

< p > < strong > (1) Foreign Affairs < a href= "http:// www.91se91.com/news/index_c.asp" > civil procedure < /a > procedure outlined < /strong > /p >

< p > 1. the concept of foreign related civil procedure and foreign-related civil procedure is < /p >.

< p > the concept of foreign related civil litigation; the concept of foreign related civil procedure.

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< p > 2. general principles of foreign related civil action < /p >

< p > applicable to the principles of China's civil procedure law; abide by international treaties and reference to international practices; the principle of judicial immunity; use our common language principles; entrust the principle of Chinese lawyers' agency litigation.

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< p > < strong > (two) < a href= "http:// www.91se91.com/news/index_c.asp" > foreign civil < /a > litigation jurisdiction < /strong > /p >

< p > 1. the concept of civil jurisdiction over foreign affairs and < a href= "http:// www.91se91.com/news/index_c.asp" > < /a > /p >

< p > the principle of actual connection between litigation and the place of the court; respect for the principle of the litigants; and safeguard the principle of state sovereignty.

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< p > 2. the category of foreign jurisdiction is < /p >.

< p > implicated jurisdiction: applicable to contract disputes and other disputes over property rights and interests; defendants have no domicile in the Chinese field; they can be governed by the people's courts which are related to the cases; agreement jurisdiction; respondent jurisdiction; exclusive jurisdiction.

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< p > < strong > (three) the period, service and property preservation of foreign civil lawsuits < /strong > < /p >

< p > 1., < /p >

< p > the deadline for the defendant to make a reply; the time limit for appeal and reply; the time limit for prosecution after the decision is made, and the time limit for closing the case.

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< p > 2. served < /p >

< p > serve in accordance with the provisions of international treaties; serve through diplomatic channels; entrust foreign embassies and consulates of our country to serve on behalf of them; serve the agents ad litem of the served persons; serve the representative offices, branches and business representatives; deliver them by mail; and deliver them to the public.

Legal education network < /p >

< p > 3. property preservation in civil litigation involving foreign elements < /p >

< p > the concept and characteristics of foreign-related property preservation: in foreign litigation or arbitration, the situation of property preservation needs to be broadly classified as follows: < /p >

< p > (1) the parties have sold the subject matter of the dispute and will be shipped out of our country.

(2) a vessel or aircraft will leave or fly away from our country.

(3) after a dispute, a party who has no domicile in our territory wants to pfer its property abroad.

(4) the controversial subject matter will decay and deteriorate.

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< p > < strong > (four) judicial assistance < /strong > /p >

< p > 1. the concept of judicial assistance < /p >

< p > 2. basis of judicial assistance, < /p >

< p > 3. general judicial assistance < /p >

< p > there must be certain conditions for general judicial assistance; in accordance with international treaties concluded or acceded to by People's Republic of China, or under the principle of reciprocity; a court of a state makes a request to another court; the matters requested do not damage the sovereignty, security or social public interests of the requested country; judicial assistance is generally carried out in accordance with the procedures and methods prescribed by the law of the requested country.

The way of general judicial assistance: the ways stipulated by international treaties; diplomatic channels; ways of making and consular posts.

Procedures for general judicial assistance.

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< p > 4. special judicial assistance < /p >

< p > the concept of special judicial assistance; the recognition and enforcement of judgments of foreign courts must be the judgments of foreign courts that have come into force.

The jurisdiction of the foreign court does not violate the provisions of the 268th law of the civil procedure law, that is, it does not violate the basic principles of our country's laws or national sovereignty, security and social public interests.

The recognition and enforcement of the decisions of Chinese courts and foreign arbitration institutions abroad.

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