2014 Legal Adviser For Enterprises: Special Provisions For Civil Procedure Involving Foreign Elements

Summary of civil procedure involving foreign elements:

1. the concept of foreign related civil litigation and foreign related civil procedure.

The concept of foreign related civil litigation and the concept of foreign related civil procedure.

2. general principles of civil litigation involving foreign elements

It is applicable to the principles of China's civil procedure law, to abide by international treaties and to refer to the principles of international practice, the principle of judicial immunity, to use our general principles of language and principles, and to entrust Chinese lawyers with the principle of agency litigation.

Civil jurisdiction over foreign affairs:

1. concepts and principles of civil jurisdiction over foreign affairs

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.

2. types of foreign jurisdiction

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.

The period, service and property preservation of civil litigation involving foreign elements:

1. period

The time limit of the defendant's reply is raised; the time limit for appeal and defense is raised; the time limit for prosecution after the decision of the preservation order is made; and the time limit for closing the case.

2. service

Serve in accordance with the provisions stipulated in international treaties; serve through diplomatic channels; entrust foreign embassies and consulates of our country to serve on behalf of them; serve the agent agents of the serving persons; serve the representative offices, branches and business representatives; deliver them by mail; and deliver them to the public.

3. property preservation in foreign related civil proceedings

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:

(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 disputes, there is no domicile in our territory.

They want to pfer their property abroad.

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

Judicial assistance:

1. concept of judicial assistance

2. basis for judicial assistance

Three

General judicial assistance must be provided with certain conditions; in accordance with international treaties concluded or acceded to by People's Republic of China or under the principle of reciprocity; a court of the State shall make a request to another court; the matters requested do not damage the sovereignty, security or social public interests of the requested country; and the provision of 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.

4. special judicial assistance

The concept of judicial assistance and the recognition and enforcement of foreign court judgments 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.