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In accordance with the provisions of international treaties to be served; service through diplomatic channels; entrust Chinese diplomatic and consular mission to serve; served on the addressee's agent; representative offices, branches, business representative who served may be served by post; service.
(A) overview of civil procedures concerning foreign affairs
1. the concept of foreign-related civil litigation and civil procedures concerning foreign affairs
The concept of civil action concerning Foreign Affairs; the concept of civil procedures concerning foreign affairs.
2. the general principle of civil action concerning foreign affairs
Application of the principles of civil procedure law in China and abide by international treaties, and the principles of international practice; judicial immunity principleprinciple of language in General; China counsel litigation principle.
(B) international civil procedure jurisdiction
1. the concepts and principles of foreign civil jurisdiction
Principles of litigation and Forum links; respect the party's principle of maintainingthe principle of national sovereignty.
2. types of jurisdiction concerning foreign affairs
Implicated jurisdictions: applies to contractual disputes and other disputes over property rights cases the defendant has no domicile within the territory of China; you can have certain connections with the case shall have jurisdiction; jurisdiction; responding jurisdiction of exclusive jurisdiction.
(C) the period of foreign-related civil litigation, service and property preservation
1. during the
Defendants reply deadline appeal and the period for reply; preservation decisionsmade after the time limit before litigation; closing deadline.
2. the service
In accordance with the provisions of international treaties to be served; service through diplomatic channels; entrust Chinese diplomatic and consular mission to serve; served on the addressee's agent; representative offices, branches, business representative who served may be served by post; service.
3. foreign-related civil litigation of property preservation
Concept and characteristics of foreign property preservation: in litigation or arbitration concerning Foreign Affairs, property preservation generally need to be takenare as follows:
(1) the subject-matter of the dispute has been sold and shipped out. (2) ships or aircraft will be allowed to drive outside the parties or leave the country. (3) when adispute arose, in our country without residence within the territory of a party to the transfer of its property to foreign countries. (4) the subject matter of the disputewill decay.
(D) mutual legal assistance
1. the concept of mutual legal assistance
2. mutual legal assistance based on
3. mutual legal assistance
General legal assistance must fulfil certain conditions; according to the people's Republic of China concluded or acceded to an international treaty, or according to the principle of reciprocity; a State Court to a Court of another State; the matter without prejudice by the requested State of the request of the sovereignty, security or public interests; judicial assistance in accordance with the General provisions of the law of the requested State procedures and modalities. Legal assistance in general ways: international treaties under way; diplomatic channel; and consular channels. General procedures for mutual legal assistance.
4. mutual legal assistance
Special concepts for judicial assistance; for the recognition and enforcement of foreign court decisions: decision of a foreign court must be already in force. The foreign court did not violate the provisions of Article No. 268 of the code of civil procedure, is not in violation of our fundamental principles of law or national sovereignty, security and social and public interests. Decisions of courts and arbitral institutions recognition and enforcement in a foreign country.
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Copyright 2012-2018. ALL RIGHTS RESERVED (International Trade Law)
Telephone：0086-13315171023 QQ:1215545143
Email：tradelawchina@hotmail.com Technical support：ZW0311