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For the convenience of litigation of the mass people, avoiding the litigation risks often met by the parties and reducing the unnecessary losses, we hereby indicate the following risks in civil actions often encountered, in accordance with the General Principles of the Civil Law of the People's Republic of China, Civil Procedure Law of the People's Republic of China, and the Several Provisions of the Supreme People's Court on Evidences in Civil Procedures, and other laws and judicial interpretations: I. PROSECUTION NOT MEETING THE REQUIREMENTS FOR ACCEPTANCE Where the prosecution of a party does not meet the legally prescribed requirements for acceptance, the people's court will not accept it, or even if the people's court has accepted it, it will be rejected. Where the prosecution of a party is not in conformity with the provisions on jurisdiction, the case will be tried by referring to the people's court that has jurisdiction over the case. II. IMPROPRIETY OF CLAIMS The claims proposed by the parties shall be clear, specific and complete, and the people's court will not hear the claims failing to be put forward. The claims proposed by the parties shall be reasonable, and the scope of the claim may not be enlarged at will. An ungrounded claim will be rejected by the people's court, and in addition, the party concerned should pay for the corresponding legal cost. III. ALTERATION OF CLAIMS EXCEEDING THE TIME LIMIT Where the parties increase, modify the claims or file counterclaims, which exceed the time limit permitted or specified by the people's courts, the case may not be tried. IV. EXCEEDING LIMITATION OF ACTION The term for the parties to claim the protection of civil rights by the people's courts shall be two years (or one year in particular circumstances) in general. Where after a plaintiff has filed an accusation to the people's court, and the defendant protests that the prosecution of the plaintiff has exceeded the time limit for legal protection, and the plaintiff cannot provide evidences proving that his act does not exceed the time limit for legal protection, his claim will not be supported by the people's court. V. WITHOUT DEFINITE AUTHORIZATION Where a party appoints an agent ad litem to act on his behalf to admit, waive or modify claims, or to compromise or to file a counterclaim or an appeal, etc., he shall specify them in the power of attorney. In case the power of attorney does not specify the matters specially entrusted, the opinions of the agent ad litem of the above-mentioned matters specially entrusted will have no legal effect. VIŁ®FAILING TO PAY LEGAL COST IN TIME Where a party prosecutes or appeals, but fails to pay in advance the legal cost in time, or still fails to pay the legal cost after applying for deferment, deduction or exemption of payment of legal cost and failing to get approval, the people's court will make a written order to determine the prosecution and appeal as being set aside by the party voluntarily. Where a party files a counterclaim, but fails to pay the corresponding legal cost in advance prescribed, the people's court will not hear the case. VII. APPLICATION FOR PROPERTY PRESERVATION NOT MEETING THE REQUIREMENTS Where a party applies for property preservation, but fails to pay the fees for the preservation that he should pay prescribed, the people's court will not take preservation measures to the property under application. Where a party fails to provide the corresponding property guarantee required by the people's court when applying for property preservation, the people's court will reject his application according to law. Where an applicant has fault in applying for property preservation, he shall compensate the person applied for the losses caused due to property preservation. VIII. FAILING TO PROVIDE EVIDENCES OR FAILING TO PROVIDE EVIDENCES SUFFICIENTLY Unless otherwise prescribed in laws or judicial interpretations that no evidence needs to be provided to prove the case, a party shall provide evidences to prove his claim when filing a claim or rebutting the claims of the other party. In case the party cannot provide the corresponding evidences, or the evidences provided are unable to prove the relevant facts, this party will face disadvantageous judgment consequences. IX. PROVIDING EVIDENCES EXCEEDING THE TIME LIMIT FOR ADDUCING EVIDENCES The parties should submit evidences to the people's court within the time limit authorized and specified by the people's court after negotiation with each other and reaching an agreement. In case the submission is made exceeding the above-mentioned time limit, the party may be deemed by the people's court as having waived his right to adduce evidence, unless the evidences fall within the scope of new evidences prescribed by laws and judicial interpretations. X. FAILING TO PROVIDE PRIMA FACIE EVIDENCES Where a party provides evidences to the people's court, he shall provide the original documents or originals, and he may also provide the a duplicated document or a replica, which is the same as the original ones checked by the people's court in particular circumstances. In case the evidences provided are not in conformity with the above-mentioned conditions, they may influence the probative force of evidences, or even be rejected. XI. THE WITNESS FAILING TO GIVE TESTIMONY IN COURT Except the particular circumstances prescribed by laws and judicial interpretations that a witness has true difficulty in appearing in court, if a party provides testimony of a witness, the witness shall give testimony in court and receive inquiries. And his failure to give testimony in court may influence the evidence effect of his testimony, or even lead to the rejection of the testimony. XII. FAILING TO APPLY FOR AUDITING, EVALUATION OR APPRAISAL PRESCRIBED Where a party applies for auditing, evaluation or appraisal, but fails to file an application within the time limit specified by the people's court, or fails to pay the fees for auditing, evaluation or appraisal in advance, or fails to provide the relevant documents, and as a result, the disputed facts failed to be determined through conclusions of auditing, evaluation or appraisal, that may bring about a judgment consequence disadvantageous to the applicant. XIII. FAILING TO APPEAR IN COURT ON SCHEDULE OR WITHDRAW DURING A COURT SESSION If a plaintiff, having been served with a summons, refuses to appear in court without justified reasons, or if he withdraws during a court session without the permission of the court, the people's court may consider the case as being withdrawn by him. If the defendant files a counterclaim in the mean time, the people's court may make a judgment on the matter counterclaimed by default. If a defendant, having been served with a summons, refuses to appear in court without justified reasons, or if he withdraws during a court session without the permission of the court, the people's court may make a judgment by default. XIV. FAILING TO PROVIDE THE ACCURATE ADDRESS FOR SERVICE Where a case is tried by applying the summary procedure, and the people's court serves the litigation documents in light of the address for service provided by the party itself, but is unable to have the documents served due to the inaccurate address for service provided by the party or due to the party's failure to inform the people's court of the alteration of the address for service, as a result, the litigation documents are returned, the litigation documents shall be deemed as having been served. XV. APPLICATION FOR COMPULSORY EXECUTION EXCEEDING THE TIME LIMIT Where the two parties or one party is a citizen, the time limit for applying for compulsory execution to the people's court shall be one year; where the two parties are legal persons or other organizations, the time limit shall be six months. The term shall be calculated from the expiration of the time limit for performing the duties determined by effective legal documents. In case the application exceeds the above-mentioned time limit, the people's court shall not accept it. XVI. NO PROPERTY OR NOT HAVING ENOUGH PROPERTY FOR EXECUTION Where a person to whom the execution is directed has no property or has not enough property to perform the duties determined in an effective legal document, the people's court may rule on suspension of execution on the part failing to be performed, and the property rights and interests of the person applying for execution may not be realized temporarily or cannot be realized fully. XVII. FAILING TO PERFORM DUTIES DETERMINED IN THE EFFECTIVE LEGAL DOCUMENTS Where a person to whom the execution is directed fails to perform duties for paying money within the time limit specified by the effective legal documents, he shall pay double the interests of debts for the period of deferred payment. Where this person fails to perform other duties within the time limit specified by the effective legal documents, he shall pay late fees. |
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