In accordance with The Civil Law of the People’s Republic of China, The Civil Procedure Law of the People’s Republic of China and the Several Provisions of the Supreme People’s Court on Evidence Civil Procedures, in order to facilitate your participation in litigation, help you prevent and control common litigation risks, and reduce unnecessary losses, some common risks in civil procedures are listed follows.
1. The proceeding is ineligible. The Court will not accept the case if your indictment is against the provisions of the law. Even if the case is accepted, it will later be dismissed. If the Court does not have the right of jurisdiction over the proceeding, the case will be transferred to a Court with jurisdiction over the case for trial. In order to reduce your time spent on litigation, we recommend that you directly bring the lawsuit to the Court with jurisdiction.
2. The litigation claims are inappropriate. The litigation claims should be clear, specific and complete, and claims which are not submitted will not be accepted by the Court. The claims shall be appropriate and the scope of claims shall not be extended at will; any unfounded claims will not be supported by the Court and you may be required to bear the related litigation costs and lawyer fees of the other parties.
3. The litigation claims are modified beyond the deadline. If you add or modify litigation claims, lodge a counterclaim, or if the claims exceed the Court’s permitted or designated time limit, the claims may not be accepted by the Court.
4. The statute of limitations is exceeded. The limitation period for the Court to protect your request to civil rights is generally three years (under special circumstances, it is one year).If the defendant proposes that the plaintiff’s prosecution has exceeded the limitation period after the plaintiff brings the case to Court, and the plaintiff has not filed evidence supporting the fact that statute of limitations was interrupted or suspended, the claim will not be supported by the Court.
5. The authorization is unknown. If you entrust a litigation representative to accept, waive, or modify the claims, make a settlement, file a counterclaim or appeal on your behalf, it shall be specified in the Power of Attorney. If no specific authorization is detailed in the Power of Attorney regarding matters concerning the case, the opinion of the litigation representative, with respect to the aforementioned matters, is not legally binding.
6. The litigation costs are not paid in time. If you prosecute or appeal without paying the litigation costs in time, or you do not pay the costs after your application for postponing, reducing,or waiving the payment is declined, the Court will decide to process it as an automatic withdrawal from the proceeding or appeal. If you file a counterclaim, but fail to pay the case acceptance fee as required, the Court will not hear the case.
7. The application for property preservation does not meet the requirements. The Court will dismiss the application according to the law if the corresponding property guarantee has not been submitted in accordance with the Courts requirements. If you apply for the preservation of property and do not pay the preservation fee, the Court will not take protective measures for the property in the application. If there are any mistakes in the application for property preservation, the applicant will be compensated for any losses suffered.
8. The evidence is not submitted or it is not submitted in full. Unless otherwise stated in the law and judicial interpretation, evidence should be submitted if you make a claim or refute the other party’s claim. Failure to submit relevant evidence, or if the evidence submitted cannot prove the relevant facts, may result in an adverse judicial finding.
9. The evidence is submitted beyond the time limit for providing evidence. The evidence you submit to the Court shall be completed within the time limit agreed by the parties and approved by the Court, or within the deadline specified by the Court. If a party submits evidence after the aforementioned deadline, the Court may deem this action as waiving the right to produce evidence, with the exception of few evidence that is subject to the law and judicial interpretations.
10. The original evidence is not submitted. The evidence you submit to the Court should be in the original form. Under special circumstances a photocopy or reproduction that has been verified by the people’s Court may be submitted in place of the original. If the evidence you submit does not meet the above conditions, the probative force of the evidence may be affected to the extent that the evidence is accepted.
11. The witnesses do not appear in court. Except under special circumstances stipulated by the law and judicial interpretations in which witnesses who have difficulty appearing in Court are exempt, witnesses shall testify in Court and be cross-examined. If a witness does not testify in Court, the evidentiary effect of the witness’ testimony may be affected to the extent that the evidence is not accepted.
12. The audit, evaluation or appraisal application is not submitted as stipulated. Applications audit, evaluation or appraisal that are not submitted within the time limit designated by the Court, audit, evaluation or appraisal fees that are unpaid or relevant materials that are not submitted, will result the facts of the dispute to be unidentified in the conclusions of audit, evaluation or appraisal, and it result in adverse judicial findings for the applicant.
13. The individual does not appear in court as requested, or withdraws from Court. If the plaintiff has no justification to decline appearing in Court after being summoned, or withdraws from the court without the permission of the Court, the Court will regard it as automatic withdrawal from the proceedings; in the case of a defendant filing a counterclaim, the court will try the evidence in absentia. The defendant has no Justification to decline appearing in Court after being summoned, or withdraws Court without the permission of the Court, the Court will sentence in absence.
14. The delivery address is not submitted or is inaccurate. If you decline to submit an address the delivery of your litigation documents, submit an inaccurate delivery address or fail to inform the court of your delivery address in time resulting in the failed delivery of the documents, the documents be deemed delivered.
15. The defense obligations are not fulfilled in time or are partially fulfilled. In the prosecution the plaintiff, the defendant should give a defense promptly and in full. If an individual obstructs litigation through delaying or disrupting defense in order to seek litigation interests, the individual will bear the adverse consequences of the litigation fees and lawyer fees.
16. The individual does not actively cooperate and participate in mediation. Mediation before will help the parties to settle disputes conveniently, economically and peacefully. Both parties should actively participate in, and cooperate with, the mediation according to the Litigation Guideline. Those who resist mediation and decline reasonable mediation will bear the adverse consequences of litigation fees and lawyer fees.
17. The enforcement procedure is filed after the time limit. The time limit for applying enforcement procedure to the Court is two years. The suspension and interruption of the enforcement of the application are subject to the relevant laws and regulations. The Court shall not accept an application beyond the aforementioned time limit.
18. There is no property, or there is insufficient property that is available for enforcement. The person subject to enforcement has no property or does not have sufficient property to perform obligations established in the enforced legal documents, the Court may decide to suspend enforcing outstanding sections. The property rights of the applicant may be temporarily unrecognized or not fully recognized.
19. The obligations established in the enforced legal documents are not performed. As a person subject to enforcement, if you fail to fulfil the obligation of the payment during the period specified the enforced legal documents, you will pay double interest during the period of delay. If you fail to fulfil the other obligations during the period specified in the enforced legal documents, you will be subject to a delay penalty.
20. The other obligations of faithful litigation are not performed. Faithful litigation is the basic code of conduct for each litigation participant. In addition to the aforementioned matters, parties should fully understand the Notice of Faithful Litigation of the Court and fully fulfil the relevant litigation obligations in the case-filing, trial and enforcement stages.
