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2009年3月26日  

2009-03-26 17:32:18|  分类: 默认分类 |  标签: |举报 |字号 订阅

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                     Notification of Litigation Rights and Bligations of Shenzhen

                                                         Luohu District People’s Court 

                                        The Litigation Rights of The Parties In Civil Litigation 

1. The parties in civil litigation shall have equal litigation rights and are free to deal with their own civil rights and litigation rights the way they prefer within the scope provided by the law. The plaintiff may relinquish or modify his claims. The defendant may admit or rebut the claims and shall have the right to file counterclaims. The two parties may reach a compromise of their own accord.

2. The parties shall have the right to appoint agents to participate in a lawsuit, proffer arguments concerning the fact of the case, request conciliation, file an appeal and apply for execution. The parties shall have the right to consult materials pertaining to the case and make copies thereof and other legal documents pertaining to the case,but shall observe the related regulations of the people's court concerning the scope of consulting or copying materials. The parties shall have the right to collect and provide evidence and apply to the people's court for investigating and collecting evidence if the evidence can’t be collected on their own by virtue of objective causes.The parties have the right to object to the jurisdiction of the people's court accepting the case,but must raise the objection within the period prescribed for the submission of defence.

3. The parties shall be entitled to apply for a judicial officer to withdraw from the case in any of the following circumstances: (1) If the judicial officer is a party to the case or a near relative of a party in the case; (2) If the judicial officer is an interested party in the case; or (3) If the judicial officer has some other kind of relationship with a party to the case, which might affect the impartiality of the trial. In applying for the withdrawal, the parties shall state the reason and submit the application at the beginning of the proceedings(the application may also be submitted before the closing of arguments in court if the reason for the withdrawal is known to him only after the proceedings begin).

4. The parties shall have the right to exercise supervision over the time limit for the hearing and execution of a case. The time limit for the people's court to try a civil case in a summary procedure is three months, and the time limit for the people's court to try a civil case in a ordinary procedure is six months, if an extension of the period is necessary under special circumstances, the extension must subject to the approval of the president of the court or the approval of the people's court at a higher level. Supervision call:  (0755)—25425711.

5.  In virtue of the reason in the provisions of Article 46 of Marriage Law of the People's Republic of China, an action is brought for divorcing, the party without fault has the right to claim damages.

6.If having any doubt about the ruling, the parties may request the judge trying the case to explain.

                                    The Litigation Obligations of the Parties in civil litigation

1.The parties shall provide the people's court with right service address, consignee name and phone number or other effective methods of contact during the period of starting legal proceeding or submitting a defence. If the defendant refuse to provide a service address, the domicile of the domiciliary registration, industrial&commercial registration or other domicile lawfully registered shall be deemed as the service address. If litigation documents can’t be actually received by virtue of a false service address provided by the parties , failing to inform the court in a timely manner of alteration of a address or refusal to provide a service address, where the litigation documents are served by mail, the date stated on the return receipt for postal delivery shall be deemed as the date of service, where the litigation documents are served by direct service, the service shall be deemed completed after the person serving the documents state the reasons on the receipt for postal delivery.

2.The parties shall comply with the proceeding and disciplines of the court, submit to the command of the court, exercise litigation rights according with the law, and the parties shall respect the litigation rights of the other party and other participant in suit.

3. the parties shall pay court costs and other fees according to the related regulations.

4. the parties shall fulfill the the duties within the time limit specifed in the legal documents going into effect. If the party fail to fulfill the the duties in a timely manner and is applied to the court by a obligee for a compulsory execution, the informations of the party subjected to execution, the legal representative or the principal of a corporation subjected to execution shall be revealed on Shenzhen credit web(www.szcrefit.com) and the legal consequences thereof shall be assumed by the party subjected to execution.

                                                                                                                  (originally translated by myself)

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