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General provisions and principles of China civil procedure law

Time:2014-03-13 Hit:1161


General provisions and principles of China civil procedure law
  The purpose of Chinese civil procedure law is to protect the litigation rights of the parties, to ensure the court’s ruling based on facts and proper laws, to maintain the social and economic order for the good of the socialist construction. The procedure law applies to civil disputes over property and personal relationships between legal persons, individuals, or other organization, or disputes between any of them. The China procedure law take efforts within the territory of China, all the legal lawsuits occur in China shall abide by such law.
  Foreign entities, foreigners, shall enjoy the equal rights as Chinese people in litigation procedure. However, if any foreign country imposes restrictions on exercising the legal rights for litigation, China will take the same action against such foreign country’s citizens or entities according to the principle of reciprocity.
   The people’s court shall exercise their judicial powers independently according to the law, the people’s court shall not be influenced by any administrative organs, organizations or individuals when adjudicating civil cases. 
   The people’s court shall conduct conciliation for the parties when adjudicating civil cases under the principles of lawfulness and voluntariness, in case the conciliation fails, the court shall render judgment without delay.
  China’s procedural legal system adopts the two instance of trail, and the second trail shall be final, the people’s court also applies the systems of panel hearing and withdrawal when adjudicating civil cases. The language may be used in the native language of an ethnic minority in the proceedings, especially in the areas where an ethnic minority is concentrated, and the court shall provide translation for the litigation participants who are not familiar with the local language.
  The parties in the lawsuit shall have the right to argue over the legal proceeding, and they have the rights to dispose their legal rights at their will to the extent permitted by law, the people’s procuratorates are entitled to exercise legal supervision over the civil proceeding. Any entity may support the suffering entity of person to initiate legal action against the illegal act. 
  



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