China Civil Judicial System: 2+1+1

Judiciary system of china
  1. Brief Summary

As a jurisdiction of civil law system, the civil judicial system in China is different from those of common law countries, and China civil judicial hierarchy system can be summarized as “2+1+1”, namely:

“2”: Generally, civil cases shall be finally adjudicated after concluding of two instances of court proceedings, which are usually known as…

An Update on Cross-border Litigations in China: Online Case Filing Platform Launched for Foreign Parties

From February 3, 2021, China’s online court platform, a mini-program on WeChat, has launched a case filing service for foreign parties (for purpose of this post, including Chinese citizens residing overseas) to cross-border litigation in civil and commercial matters, a response to the current ongoing Covid-19 pandemic causing failure or delay …

The Requirements on Documents in Foreign-related Civil Cases in China

When disputes occur, foreigners and oversea Chinese may be involved in civil and commercial litigations in China, either as plaintiffs or defendants. As a cross-border legal service provider at Shanghai Landing Law Offices, we have been helping foreign clients in their legal battles in China courts for more than a decade.

Compared with domestic cases, foreign…

Corporate Seal Fraud in China: the lesson learned from Tencent and Lao Gan Ma brawl

Just recently a piece of news has spiraled quickly among netizens in China. It is an interesting story between two most well-known Chinese companies: Tencent and Lao Gan Ma.

Tencent launches new social media apps for countering competition ...
WeChat is dominating every smart phone in China.
联名口红,魔性广告,老干妈为何在做辣酱的路上越走越偏?-看点快报
Lao Gan Ma Chili Oil, dominating Every China Family Tables

I. What Happened

On June 29, a court decision showed that Tencent had applied to…

File a lawsuit in China: begin with the right claims

This is a good lesson to be learned by legal professionals in China, and foreign law firms and lawyers instituting arbitration proceeding in China shall also bear this in mind.

Here is the true story: a seller and a buyer entered into a trademark transfer agreement pursuant to which the seller agrees to sell a trademark (the “Mark A“) to the buyer.…

Want to sue a Chinese company? But which court? Jurisdiction Issue

I have been receiving email inquiries from abroad asking for help to sue a Chinese company that failed to deliver goods in compliance with contract terms. Very often, the foreign buyers find that the goods do not comply with quality standards and sometimes, the goods are stone, sands or useless powders. Fraud is pervasive and rampant in international trade …