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…

Can company’s creditors go after shareholders who have not paid up subscribed capital?

This is not a new topic on this blog. However, it prompted me to look further into the issue when I realized that in judicial practice, courts are actually very much divided on this issue.

Following the company registered capital reforms initiated back at the end of 2013, the market has witnessed many newly setup companies that have a huge amount of registered …

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 …