2021-09-16 15:35:03
In principle, foreigners, stateless persons, foreign companies, and organizations (hereinafter referred to as “foreign companies and individuals”) have the same litigation rights and obligations as Chinese citizens, legal persons, and other organizations when initiating litigation in China.
However, it should be noted that when foreign companies and individuals file lawsuits in China, in terms of identification documents, entrusting lawyers and supporting evidence, China Civil Procedure Law and the judicial interpretations of China Supreme Court, such as Interpretation on the application of "China Civil Procedure Law" and Several Provisions on Evidence in Civil Procedures have special stipulations.
When filing lawsuits and responding to litigation China, if foreign companies and individuals need to entrust a lawyer, they must entrust a Chinese licensed lawyer.
In case foreign companies and individuals who have no domicile in China entrust Chinese lawyers or other persons to represent them in litigation, the power of attorney sent from outside China shall be notarized by the local notary office and then be legalized by the Chinese embassy or consulate in the country, or fulfill the certification procedures stipulated in the relevant treaties between China and that country.
The identification documents submitted to the Chinese courts by foreign enterprises or organizations participating in litigation shall be notarized by the local notary office and then legalized by the Chinese embassy or consulate in that country, or fulfill the requirements stipulated in the relevant treaties between China and that country.
A person representing a foreign enterprise or organization participating in the litigation shall submit to the Chinese court a certification that he has the right to participate in the litigation as a representative. The certificate shall be notarized by the local notary office and legalized by the Chinese embassy or consulate in that country, or perform the certification procedures stipulated in the relevant treaty between China and that country.
Several Provisions on Evidence in Civil Litigation stipulates that if the official documentary evidence provided by the parties is formed outside China, the evidence shall be notarized by the local notary, or perform the certification procedures stipulated in the relevant treaty between China and that country. Evidence involving identity relationships formed outside China shall be notarized by local notary office and then legalized by the Chinese embassy or consulate in that country, or perform the certification procedures stipulated in the relevant treaties concluded between China and that country.
Related document notarization and legalization process:
1. Entrust a local notary lawyer or notary public to notarize the identity documents and power of attorney etc.
2. Then send the notarized documents to the Foreign Ministry of that country or its authorized agencies for authentication;
3. Finally, the documents authenticated by the Ministry of Foreign Affairs of that country will be sent to the Chinese embassy for legalization.
According to the judicial practice of Chinese courts, it is recommended that foreign companies and individuals should also notarize and legalize the civil complaints when they file lawsuit with Chinese courts.