、 Text requirements for litigation materials
(1) Materials such as indictment, defense, counterclaim, application, etc. If the parties involved are natural persons, their name, gender, date of birth, ethnicity, occupation, workplace, position, and home address or mailing address, contact phone number, postal code, etc. should be clearly stated. If the parties involved are legal persons or other organizations, the full name of the unit, the name, position, phone number, fax number, domicile, and postal code of the legal representative or organization leader should be clearly stated. At the same time, the name, age, unit (law firm), position, mailing address, phone number, postal code, and other basic information of the authorized agent (legal or designated) should be clearly stated.
(2) Regular A4 paper must be used for opening, and fax paper is not allowed.
(3) Pencil, ballpoint pen, pure blue and red ink, and carbon paper are prohibited for writing document materials.
(4) Writing or copying files should leave a margin of about 2 centimeters on the left side of the material as a binding line.
(5) Submit one original copy of the above-mentioned materials to the court, and provide copies according to the number of defendants.
2、 Rights and Obligations of Parties in Litigation
According to the provisions of Article 44, Article 45, Article 49, Article 50, and Article 51 of the Civil Procedure Law of the People’s Republic of China, as well as the relevant provisions of our court on safeguarding the full exercise of civil litigation rights by parties, the litigation rights and obligations enjoyed by parties are as follows:
(1) If a judge, clerk, translator, appraiser, or inspector falls under any of the following circumstances, the parties have the right to apply for their recusal orally or in writing;
1. Being a party to this case or a close relative of a party or litigation agent;
2. Those who have an interest in this case;
3. If there are other relationships with the parties or litigation agents involved in this case, which may affect the fair trial of the case.
(2) The parties have the right to entrust their agents to apply for recusal, collect and provide evidence, engage in debate, request mediation, file an appeal, and apply for enforcement.
(3) The parties involved may access the relevant materials of this case (only after the completion of evidence in the case of ship collision), and may copy the relevant materials and legal documents of this case. The scope and methods for reviewing and copying relevant materials in this case shall be determined by the Supreme People’s Court.
(4) The parties involved must exercise their litigation rights in accordance with the law, abide by the litigation order, and fulfill the obligations determined by legally effective judgments, rulings, and mediation agreements.
(5) Both parties can reach a settlement on their own.
(6) If the plaintiff can abandon or change the litigation claim and increase the amount of the litigation claim, they shall pay the case acceptance fee in accordance with the fee regulations; The defendant may admit or refute the litigation claim, has the right to file a counterclaim, and shall prepay the counterclaim acceptance fee in accordance with the fee regulations within seven days after submitting the counterclaim.
3、 Requirements for entrusted agents
(1) After one party determines the litigation agent, they should immediately fill out an authorization letter, sign or stamp it, and submit it to our court. If the litigation agent is a lawyer, a certificate should be issued by their law firm.
(2) The power of attorney should clearly specify the agency authority of the litigation agent (for special authorizations, the specific scope of authorization should be written as Ming Dynasty’s recognition, modification, waiver of litigation requests, settlement, filing of counterclaims or appeals, etc.). If the authority of the litigation agent is changed or revoked, the parties shall notify this court in writing.
(3) Litigation agents should effectively fulfill the following basic agency responsibilities:
1. Strictly abide by the time notified by the court and come to the court on time to fulfill the duties of litigation agency;
2. Consciously maintain the order of litigation, obey the commands of judges, and abide by court discipline;
3. Have a relatively complete understanding of the facts of this case, and be able to truthfully explain and provide relevant evidence;
4. Can fully articulate the client’s views on the facts and litigation claims of this case.
If the litigation agent is unable to fully fulfill the above responsibilities, which may delay the trial process of this case, the presiding judge or the collegial panel will issue a warning to them. If they still fail to make corrections, the principal shall be responsible for any adverse consequences arising from this.
4、 Court appearance requirements
The parties shall appear in court on time according to the time determined by the court summons to attend the trial or accept inquiries. If there are special circumstances that prevent you from appearing in court on time, you should explain the situation to the court no later than three days before the hearing.
If the defendant refuses to appear in court without justifiable reasons, or leaves the court midway without the permission of the court, the court will handle it as withdrawing the lawsuit or conducting a trial in absentia in accordance with the law.
5、 Special litigation requirements for foreign-related cases
(1) The parties involved shall submit their complaint, counterclaim, defense, and application to this court in the language commonly used in the People’s Republic of China. If it is necessary to deliver to a foreign party, an English translation or a text in the domestic language of the recipient should be provided.
(2) The foreign parties listed in the litigation materials should indicate their nationality, foreign names, enterprise names, ship names, place names, country names, etc. in Chinese, and all foreign languages should be included except for nationality.
(3) Foreign language documentary evidence or explanatory materials provided to this institution should be accompanied by a Chinese translation. The evidence materials are formed outside the territory of our country, and should also be certified by the notary public of the host country and authenticated by the Chinese embassy or consulate in that country, or processed in accordance with the provisions of the judicial treaty between our country and the host country.
(4) Foreign parties applying for property preservation, evidence preservation, and maritime injunctions in this court shall provide sufficient, reliable, and enforceable guarantees within China.
(5) Foreigners, stateless persons, foreign enterprises and organizations who need to entrust lawyers to represent them in litigation must entrust lawyers from the People’s Republic of China.
(6) Foreigners, stateless persons, foreign enterprises and organizations without a domicile within the territory of the People’s Republic of China who entrust lawyers or other persons of the People’s Republic of China to act as agents in litigation shall have their power of attorney sent or entrusted from outside the territory of the People’s Republic of China certified by a notary public in the country where they are located, authenticated by the Chinese embassy or consulate in that country, or after completing the certification procedures stipulated in the relevant treaties between the People’s Republic of China and the country where they are located, before it becomes effective.