As more and more companies going abroad to do business or make a cross-border deal, control of international legal risks are becoming increasingly important. As a lawyer, I have to say that indeed there are a few international dealers cheated or scammed due to lack of risk awareness, even though most of international businesses would be a good experience. Continue reading
The Latest Changes on Civil Procedure Law of China
On Dec.24,2021, the Civil Procedure Law of China was revised according to the Standing Committee of the National People’s Congress. The major changes are as follows:
1. It is possible for a single judge alone to preside over the trial of an ordinary procedure, supposed that the fact is clear and right and obligation is definite. Previously, only a panel of at least three judges is allowed to try a case in an ordinary procedure.
2. All documents in a lawsuit could be delivered by an electronic way, including Judgement, mediation statement and etc., if the participants agree so.
3. The time frame of a summary procedure is extended from three months to four months. Previously, the trial in the summary procedure must be finished in three months upon filing, but with this latest revision, the time frame could be extended for an additional month if it’s approved by the president of the court.
4. For simple case of small amount, the trial may be finalized in one instance. Generally, what’s implemented in China is double trial of a case, including trial of first instance and trial of second instance, however with this revision, it is allowed to finalize a simple case of small amount in one trial.
5. The trial of second instance is allowed to try a case without formal hearing. In the past, a trial panel should have a formal hearing on an applellate case, but with the effect of the latest revision, it is allowed for the panel to decide a case without formal hearing if the panel thinks a formal hearing is not necessary.
Above is some of the big changes for the civil procedure laws applicable in China and it’s only summary comments. If you have any question on it or you face a legal issue or you have a case at hand, you’d better to consult a lawyer for details or look it up in the whole text.
案例：
被告李某某在2011年注册成立一电子科技公司，之后多次以投资该公司可获得高利息回报为由，向群众宣传并吸收公众存款。以该公司招聘的业务员通过电话、派宣传单等方式召集群众开会，声称因公司拓展需要资金，由群众自愿投资，投资回报率年息18-26%不等，向社会不特定人员进行宣传，以发送礼品、参加联谊会和免费考察旅游为诱饵，以签定借款协议的形式约定投资事项。
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2016年5月法国戛纳电影节期间，案外人孙某以天津某电影集团有限公司（以下简称某电影集团）的名义与IM全球有限责任公司（注册地在美国，以下简称IM公司）协商引进电影版权事宜，并签署了《交易备忘录》， Continue reading
Today, the development of e-commerce in China has become one of the backbones of global e-commerce and even the development of the digital economy. Continue reading
