How to Start Legal Proceeding to Sue in China

How to Start Legal Proceeding to Sue in China
 
The Chinese Civil Process Law outlines the legal procedure for filing and accepting a lawsuit. A plaintiff must have a direct stake in the matter, name a particular defendant, and present clear facts and grounds for their claim to launch a lawsuit. The case must also fall within the court's jurisdiction. The plaintiff must file a written complaint with the court, and each defendant must get a copy. If this is not practicable, they may submit an oral complaint, which the court will record. The complaint should contain the plaintiff's and defendant's names, ages, contact information, and the claim specifics and supporting proof.
 
If the matter is amenable to mediation, the court may seek to mediate before continuing. The court must ensure the plaintiff's legal right to initiate a case and accept any complaint that fits the conditions. If the case fails to fulfill the standards, the court will make a judgment and inform the plaintiff within seven days. If the plaintiff disagrees, they may file an appeal.
 
 
If the court does not have jurisdiction over the matter, it will notify the plaintiff of the proper legal path for their claim. Administrative litigation, arbitration, or settlement by another government agency might all fall under this category. Cases that have previously been legally settled or that fall outside of the period for filing will not be accepted. Also, some divorce and adoption proceedings can only be re-filed within six months if fresh evidence or circumstances emerge.