Whether you are a plaintiff or a defendant in a civil and commercial lawsuit, you are legally entitled to litigation rights and you must adhere to the principle of reciprocation. In order to help you participate in litigation activities, safeguard your legal rights and interests appropriately and effectively, we provide the relevant instructions about the litigation rights and obligations for you to understand your litigation rights and the obligations you must fulfill. Please read carefully.

1. Your Rights in Civil Litigation

In civil and commercial litigation, both parties, the plaintiff and the defendant, have equal status in　litigation, equal litigation rights and the right to dispose their civil rights and litigation rights within the limits prescribed by the law.

1.1 The plaintiff has the right to relinquish, modify or add to the claim in the litigation in accordance with the law. The defendant has the right to confirm or repudiate the claim and file counterclaim.

1.2 You have the right to object the jurisdiction of the Court accepting the case, but the objection should be proposed during the period of filing the pleadings.

1.3　You can entrust one or two persons as litigation representative. The following persons maybe entrusted as litigation representatives:

　(1) lawyers or basic legal service providers;

　(2) close relatives or staff of the party;

　(3) citizens recommended by the party’s community, the work unit of the party or relevant social communities.

　1.4 You have the right to apply for withdrawal, to collect and submit evidence, to debate, to ask for mediation, to self-reconciliation, to apply for property preservation or prior enforcement, to appeal and to apply for retrial and appeal.

　1.5 In cases that meet the legal conditions, the parties may choose a small litigation procedure.

　1.6 You have the right to access and copy the relevant materials in this case, and to copy legal documents of the case, but you shall abide by the provisions of the People’s Court on the scope　and methods of access and reproduction.

　1.7 After the Court’s judgment, decision and mediation agreement are enforced, if either party fails to perform, the other party has the right to apply to the Court for enforcement procedures. The period of application for implementation is two years.

2. The Obligations and Corresponding Responsibilities You shall Perform in Civil Litigation.

No rights are supported without corresponding obligations, while no obligations are support without corresponding rights. In order to guarantee the proceedings, both parties, the plaintiff and the defendant, must fulfil certain obligations while enjoying the rights.

2.1 You should abide by the order in litigation, court discipline and the principle of honesty and faithfulness. You should not abuse the right of litigation.

2.2 You shall pay the case acceptance fee and other litigation fees as stipulated.

2.3 You have the responsibility to provide evidence to prove the facts on which the claim is based or the facts on which the counterclaim is based. If there is no evidence or the evidence cannot prove facts, the parties who bear the burden of proof shall undertake the adverse legal consequences.

2.4 The defendant has the obligation to reply upon receipt of the indictment. If the defendant refuses to reply, the People’s Court shall investigate the plaintiff’s claim and evidence and will substitute for the respondent’s reply or cross-examination. If the defendant replies beyond the time limit without justified reasons, or the reply is insufficient, causing serious litigation delay, the　Court shall have the right to, in accordance with the law, decide that the respondent bears the other party’s increased costs of the litigation or the lawyer fees arising from the delay.

2.5 You shall perform the obligations established in the judgments, rulings and mediation documents in force. For those who refuse to perform the obligations, the other party has the right to apply to the People’s Court for enforcement procedures.