BEIJING: The delivery of legal documents in foreign-related cases is a big problem in China, as many overseas litigants do not authorize Chinese agents to accept such materials. This frequently results in such litigation being time-consuming.
Lawyer Guo Zhen has found herself caught up in such a situation. In a case she is handling, an attorney of a Thai company did not receive authorization, resulting in a lawsuit that remains unresolved.
Guo, who has 13 years of experience in dealing with foreign-related disputes, said that some foreign entities’ attorneys are authorized to accept legal instruments from Chinese courts and some are not, and the Chinese Civil Procedure Law allows legal documents to be delivered to only those authorized to accept them.
“A few litigants may take advantage of the difference in authorization to make a delivery more difficult, thus delaying the time taken to handle a case,” she added.
However, Guo’s worries about this issue will soon end, as the newly amended law, which is due to take effect on Jan 1, permits Chinese courts to deliver legal documents to attorneys of litigants involved in foreign-related lawsuits, regardless of whether authorization has been granted.
“I believe this change in the law will bring my Thai-related case to a conclusion as soon as possible,” Guo said.
Li Dongmei, a judge at Beijing International Commercial Tribunal, hailed the revised law as an important step to improving China’s legal system related to foreign affairs.
Strengthening the foreign-related legal system and its capacity in line with the nation’s high-quality development and opening-up was highlighted by the central leadership last month when it held a group study session in Beijing.
At the session, Xi Jinping, general secretary of the Communist Party of China Central Committee, emphasized that the legal system related to foreign affairs is the foundation for the rule of law regarding matters of foreign affairs.
Xi, who is also Chinese president and chairman of the Central Military Commission, said bolstering foreign-related rule of law is a long-term requirement for building China into a strong country and achieving national rejuvenation through a Chinese path to modernization. It is also an urgent task for advancing high-level opening up and dealing with external risks and challenges.
Guo and Li both said construction of the rule of law in foreign affairs has been rapidly accelerated this year, adding that with the high degree of attention from the central leadership, they hoped to see more achievements in this sector.
In addition to amending the Civil Procedure Law, the Standing Committee of the National People’s Congress, China’s top legislature, has drawn up a number of laws to enrich the country’s legal system related to foreign affairs. –The Daily Mail-China Daily news exchange item
