I. The Chinese Court Hierarchy: Four-Tier System
China operates under a "Four-Tier, Two-Trial Finality" system. This means a case is typically final after it has been heard by two levels of courts.
1. The Four Levels of Courts
Supreme People's Court (SPC): Located in Beijing. It oversees all lower courts, handles cases with nationwide impact, and issues binding judicial interpretations. It also hosts the China International Commercial Court (CICC) for major cross-border disputes.
High People's Courts: Located at the provincial level. They handle significant foreign-related cases within their jurisdiction or serve as the second instance for cases from Intermediate Courts.
Intermediate People's Courts: Located in cities. These courts typically serve as the first instance for most medium-to-large foreign-related civil and commercial cases.
Primary People's Courts: Located in districts/counties. They handle the vast majority of routine civil and criminal cases.
2. Specialized Courts
China has established highly specialized courts to handle technical or specific industries:
Intellectual Property (IP) Courts: (e.g., Beijing, Shanghai, Guangzhou) for patents and complex tech disputes.
Financial Courts: (e.g., Shanghai, Beijing) for securities and insurance disputes.
Internet Courts: (e.g., Hangzhou, Beijing, Guangzhou) where the entire process—from filing to judgment—is conducted online for e-commerce and domain disputes.
II. Civil Litigation Process (Civil & Commercial)
For foreign plaintiffs or defendants in 2025, the process follows these standard steps:
Case Filing (Docketing):
Plaintiffs submit a Complaint and preliminary evidence. Courts must decide whether to accept the case within 7 days.
2026 Update: Most filings are now initiated via "Smart Court" mini-programs on mobile platforms.
Pre-trial Preparation:
The defendant is served and has 15–30 days (depending on residency) to file a Defense.
Discovery/Evidence Exchange: Parties present evidence to the judge before the actual hearing.
The Trial (Hearing):
Investigation: The judge examines facts and evidence.
Debate: Lawyers argue the application of the law.
Mediation: In China, judges are legally encouraged to seek a voluntary settlement (Mediation) between parties at any stage.
Judgment & Appeals:
If no settlement is reached, a judgment is issued.
Appeal Period: Parties have 15 days (domestic) or 30 days (foreign-related) to appeal to the next higher court. The second judgment is final.
III. Criminal Litigation Process
Criminal cases involve three distinct state organs:
Investigation (Police): The Public Security Bureau (PSB) collects evidence. Suspects may be detained or formally arrested with the Procuratorate's approval.
Review & Prosecution (Procuratorate): The People's Procuratorate reviews the evidence and decides whether to bring formal charges to the court.
Trial (Court): The court holds a public (or private for sensitive cases) hearing to determine guilt and sentencing.
IV. Key Legal Points for Foreigners in 2026
Electronic Service: Courts can now legally serve summons and documents via WeChat or Email. Ignoring these messages is not a valid defense.
Notarization Requirement: Any evidence originating outside of China must be notarized in the home country and authenticated (Apostilled/Consularized) before it can be used in a Chinese court.
Enforcement (Execution): Winning a case is only half the battle. If the losing party refuses to pay, you must apply for Compulsory Enforcement. China uses a "Social Credit" blacklist to restrict the travel and spending of "Judgment Defaulters."
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