Basic principles of civil litigation in China

Basic principles of civil litigation in China
 
The People's Republic of China's Civil Procedure Law defines the aim, extent of application, and fundamental principles of civil litigation in China. The legislation seeks to preserve the litigation rights of parties participating in civil disputes, to guarantee that the facts of the case are assessed properly, and to ensure that laws are administered appropriately and in a timely way. It also punishes civil wrongdoings and defends the parties' legal rights and interests. The legislation encourages citizen education on the necessity of legal compliance and maintains the smooth operation of society's socialist buildings.
 
The law governs all civil litigation in China involving property and personal concerns between persons, legal entities, and other groups. According to Chinese law, all parties participating in the civil action, including foreign persons and businesses, have equal rights and duties. Nonetheless, suppose a foreign court restricts Chinese people's or businesses' civil litigation rights. In that case, Chinese courts will apply the concept of reciprocity when examining foreign citizens' or enterprises' civil litigation rights in China.
 
 
Chinese courts have exclusive authority to hear civil matters, regardless of administrative bodies, social groups, or people. While considering civil matters, the courts must depend on facts and legislation, assure equal litigation rights for all parties, and facilitate the parties' use of these rights.
 
Chinese courts support the voluntary and legitimate resolution of civil disputes via mediation and arbitration. If mediation fails, the court must provide a quick decision. Civil litigants have the right to discuss in court, and litigation should be honest and trustworthy.
 
The People's Procuratorate oversees civil litigation, and government entities, social groups, and businesses may help injured parties initiate civil claims. The people's congress in autonomous areas may develop extra or alternative rules depending on local ethnic situations, subject to ratification by the National People's Congress. Such laws must be authorized by the province or autonomous regional people's congress and submitted to the National People's Congress for record in autonomous prefectures and counties.

Practising lawyers

Robert Zhang

An international lawyer registered in Shanghai, China. Master's degreePublish…

Steve Li

An international lawyer registered in Shanghai, China. Master's degreePublish…

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