In order to allow for more efficient litigation and reduce your litigation costs, the First International Civil and Commercial Court of Hainan has introduced new technology so that you can file a case by yourself online. The Court provides guidelines to help you understand the online process and file a case online. Please read the following contents carefully.
1. You need to Compare the Following Criteria to your Case to Find out whether your Case can be Filed Online.
Trial and execution of the first instance of international civil and commercial cases within Haikou, Sansha, Danzhou, Yangpu Economic Development Zone, Wenchang, Qionghai, Chengmai, Tunchang, Lingao, Dingan, Qiongzhong Li and Miao Autonomous County and Changjiang Li Autonomous County with a litigation matter less than but not equal to 5 billion Chinese Yuan;
Trial and execution of the first instance of civil and commercial cases related to Hong Kong, Macao and Taiwan within the jurisdiction areas specified above and with a litigation matter less than but not equal to 5 billion Chinese Yuan
Execution of the International commercial mediation and arbitration cases within the jurisdiction scope specified above;
2. Please Note that the Following Cases are not Applicable for Filing Online:
There are some special cases that require administrative personnel to confirm the relevant legal documents on-site and therefore do not qualify for online application, to better protect your rights of entity and procedure.
2.1Cases or property preservation and arbitration preservation before litigation.
2.2 Special procedures cases;
2.3 The third party withdraws;
2.4 Litigation of implementing objections;
2.5 Cases applying for retrial;
2.6 The applicant, in accordance with Article 224 of the Civil Procedure Law of the People’s Republic of China, applies for the implementation of legal documents of the People’s Court of first instance or other basic People’s Court,
2.7 Cases of implementing objections;
2.8 Other cases that do not qualify for online filing.
3. Please Follow the Steps below for Online Filing
3.1 After successfully following the steps of the online case-filing registration system to register online, the applicant can apply for online case-filing to the Court by entering the registered username and password, and uploading case-filing material that complies with the provisions, online.
3.2 Before uploading the case-filing material, the applicant should read the Guarantee of Faithful litigation and click the “agree” button;
3.3 The applicant can download the application for online case-filing from the official website of the Court.
4. Please Upload the following Materials when you File Online:
4.1 If the plaintiff is an individual, please upload a copy of the identity card; if the plaintiff is a legal person or other organization, please upload a copy of the business license or the organization code certificate and the proof of identity of the legal representative or the principal person in charge;
4.2 In cases of entrusted litigation, relevant materials such as the proof of identity of the representative and agent, and the Power of Attorney shall be submitted;
4.3 Information such as the name or domicile that can sufficiently distinguish the defendant from others;
4.4 The indictment;
4.5 The evidence or proof material related to the claim.
If the materials the applicant uploads conform with the conditions, please pay the case acceptance fee within 7 days from the date of receiving the Notice of Case Acceptance, and submit or mail a number of copies that corresponds to the number of parties in the case of the written litigation material to the Court. The content of the written litigation material shall be consistent with the one uploaded.
If the applicant fails to submit or mail the written litigation materials within the time limit, or the basic content of the litigation materials submitted or mailed is inconsistent with the one uploaded, it shall be as the applicant's withdrawal from online case-filing.
5. Materials that are Required to be Uploaded for Online Case-filing
5.1 If the applicant is an individual, please upload a copy of the identity card; if the applicant a legal person or other organization, please upload a copy of the business license or the organization code certificate, and the proof of identity of the legal representative or the principal person in charge;
5.2 In cases of entrusted application or where an application is made on the applicant’s behalf, relevant materials such as the Power of Attorney, the proof of identity of the agent and acting application shall be submitted;
5.3 Information such as the name or domicile that can sufficiently distinguish the person subject to enforcement from others.
5.4 The application form;
5.5 The legal document in force;
5.6 The evidence or proof material related to the application.
If the materials the applicant uploads conform with the conditions, please pay the case acceptance fee within 7 days from the date of receiving the Notice of Case Acceptance, and submit or mail a number of copies that corresponds to the number of parties in the case of the written litigation material to the Court. The content of the written material shall be consistent with the one uploaded.
If the applicant fails to submit or mail the written litigation materials within the time limit, or the basic content of the enforcement materials submitted or mailed is inconsistent with the one uploaded, it shall be regarded as the applicant's withdrawal from online case-filing.
6. You may be Held Legally Responsible for the Following Behaviors in Litigation:
6.1 If the applicant files a false litigation online through forging or changing the identity of the party or counterfeiting the other person’s name, the Court shall disqualify the applicant from filing online permanently.
6.2 Persons filing false litigation shall be admonished, fined or detained; if such act constitutes a crime, criminal responsibility shall be investigated.