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Civil litigation in mainland China is governed by the Civil Procedure Law (CPL), which outlines the processes for resolving disputes between individuals, entities, or other legal parties. Understanding the court proceedings in civil cases is crucial for parties involved, whether they are plaintiffs, defendants, or legal professionals. This article provides an overview of the key stages and principles guiding civil court proceedings in mainland China, including court charges.
- Filing a Complaint
The civil litigation process begins when the plaintiff files a complaint with a people’s court. The complaint must detail the facts of the case, the legal basis for the claim, the evidence, and the relief sought. Upon receiving the complaint, the court will review it to ensure that it meets the necessary requirements, including jurisdiction and standing.
If the court accepts the complaint, it will formally register the case and notify the defendant, who then has a specified period to file a response, usually within 15 days. If the complaint is rejected, the plaintiff has the right to appeal the decision.
- Pre-trial Mediation
Pre-trial mediation is a distinctive feature of civil litigation in China. Before the trial begins, the court often attempts to mediate between the parties to reach a settlement. Mediation is encouraged as a means to resolve disputes efficiently and amicably. If the parties reach an agreement, the court will issue a mediation document, which has the same legal effect as a judgment.
If mediation fails or the parties do not wish to mediate, the case proceeds to trial.
- Trial Stage
The trial is the central stage of civil litigation. In most cases, civil trials in China are conducted by a panel of judges or a single judge, depending on the complexity and nature of the case. The trial procedure involves the following steps:
- Opening Statements: Both parties present their claims and defenses.
- Evidence Presentation: The parties submit evidence, which can include documents, witness testimony, expert opinions, and other relevant materials. The court examines the evidence to determine its admissibility and relevance.
- Cross-Examination: The parties have the opportunity to cross-examine each other’s witnesses and challenge the evidence presented.
- Closing Arguments: Both parties summarize their positions and make final arguments.
- Judgment
After the trial, the court deliberates and issues a judgment based on the facts established during the proceedings and the applicable law. The judgment is typically rendered within a set period, usually not exceeding six months from the date the case was accepted, although this can be extended in complex cases or foreign related cases.
The judgment will include a decision on the merits of the case and may also address issues such as costs and enforcement. The parties have the right to appeal the judgment to a higher court if they believe there has been an error in the application of law or in the factual findings.
- Appeal
Either party may appeal the trial court’s judgment within 15 days of receiving the decision (30 days for a foreign party). The appellate court will review the case, but it may not always hold a new trial; instead, it may review the case on the basis of the records from the original trial. The appellate court can uphold, overturn, or modify the original judgment.
- Enforcement of Judgments
Once a judgment becomes final, if the losing party does not voluntarily comply, the winning party can apply to the court for enforcement. The court has various mechanisms to enforce judgments, including freezing bank accounts, seizing property, and imposing fines. Non-compliance can result in legal penalties, including detention in severe cases.
- Court Charges
Court charges, often referred to as litigation fees, are an important aspect of civil litigation in mainland China. These fees are generally borne by the plaintiff when filing the case, although the final allocation of costs is usually determined by the court based on the outcome of the case.
The primary types of court charges include:
- Case Acceptance Fee: This is the fee paid when the case is accepted by the court. It varies depending on the nature of the case and the amount of the claim. For example, in cases involving monetary claims, the fee is typically calculated as a percentage of the claim amount, with higher percentages for smaller claims and lower percentages for larger claims.
- Application Fees: If either party applies for specific court actions, such as preservation of property, enforcement of a judgment, or issuance of a specific order, additional fees may be required.
- Service Fees: These are fees related to serving documents, such as the complaint or court summons, on the opposing party.
- Miscellaneous Costs: These may include fees for expert witnesses, translation services, and other incidental expenses incurred during the litigation process.
The court may order the losing party to reimburse the winning party for some or all of the litigation fees. However, each party generally bears its own attorney’s fees unless otherwise agreed or stipulated by law.
- Special Procedures
In addition to the general procedure, the CPL also provides for special procedures in certain types of cases, such as cases involving small claims, maritime disputes, and certain non-contentious matters like property registration. These special procedures are designed to simplify and expedite the resolution of specific types of disputes.
- Principles Guiding Civil Proceedings
Civil proceedings in China are guided by principles such as:
- Equality: The parties have equal rights and obligations in litigation.
- Public Trial: Trials are generally open to the public, although certain cases, such as those involving state secrets or personal privacy, may be heard in private.
- Autonomy: Parties have significant autonomy in determining the course of the litigation, including the right to settle at any time before the judgment is rendered.
- Judicial Independence: Judges are required to adjudicate cases independently, free from external influences.
Conclusion
Civil litigation in mainland China is a structured process designed to ensure that disputes are resolved in a fair and orderly manner. By understanding the stages of the process—from filing a complaint to enforcing a judgment—and the associated court charges, parties can navigate the legal system more effectively. While mediation and settlement are encouraged, the courts play a central role in adjudicating disputes when parties cannot reach an agreement on their own. As the legal landscape in China continues to evolve, staying informed about procedural developments and the financial aspects of litigation is essential for anyone involved in civil cases.