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Rights and obligations for participation in civil litigation

Updated: Apr 2, 2018 english.legalinfo.gov.cn Print
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According to relevant laws of China, foreigners, stateless persons, foreign enterprises and organizations in China enjoy the same litigation rights and obligations as that of citizens, legal persons and other organizations of the People’s Republic of China when they file a lawsuit or respond to a lawsuit in the people’s court. But where the court in the home country of the foreigners in China limits the civil litigation rights of citizens, legal persons and other organizations of the People’s Republic of China, the people’s court will adopt the principle of reciprocity as regarding to the litigation rights and obligations of foreigners, foreign enterprises and organizations of that country.

Where the court in the home country of the foreigners in China does not limit the civil litigation rights of citizens, legal persons and other organizations of the People’s Republic of China, the foreigners of that country in China shall have the following rights during the litigation period in China: (1) the right to entrust agents, apply for withdrawal of judicial officials, collect and provide evidence, debate, and request mediation; (2) may have access to materials related to the case and may copy materials and legal documents related to the case; (3) the two parties may reach a settlement agreement on their own; (4) the plaintiff may give up or modify his litigation claims, and the defendant may admit or rebut the litigation claims and shall have the right to file counterclaims; (5) the parties shall have the right to within the limits prescribed by law dispose of their own civil rights and litigation rights; (6) the parties may request the people’s court to provide translation, but the cost need to be borne by the parties; (7) may appeal in advance within the statutory time limit if not satisfied with the judgment of a people’s court of first instance; (8) the right to apply for a retrial in accordance with the law of the effective judgment or order.

Where the court in the home country of the foreigners in China does not limit the civil litigation rights of citizens, legal persons and other organizations of the People’s Republic of China, the foreigners of that country in China shall fulfill the following obligations during the period of trial of first instance: (1) shall exercise their litigation rights in accordance with the law; (2) shall abide by the order of litigation; (3) fulfill the obligations in legally effective judgments, ruling and mediation agreements.


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