China Court System Explained for Foreigners

If you're involved in legal proceedings in China, understanding how the court system works is essential. China's legal system differs significantly from common law countries, and knowing what to expect can help you navigate the process.

Court Hierarchy

Supreme People's Court

Highest court in China:

• Final appeals on important cases
• Issues judicial interpretations
• Supervises lower courts

High People's Courts

Provincial level:

• Appeals from intermediate courts
• First instance for major cases
• One per province/municipality

Intermediate People's Courts

City level:

• Most foreign-related cases start here
• Appeals from basic courts
• First instance for significant cases

Basic People's Courts

District/county level:

• Most common civil cases
• Minor criminal cases
• First point of contact for many disputes

Types of Cases

• Civil cases: Contracts, property, family matters
• Commercial cases: Business disputes
• Administrative cases: Challenging government decisions
• Criminal cases: Prosecuted by state

The Litigation Process

1. Filing

• Submit complaint and evidence
• Pay court fees
• Court reviews for acceptance

2. Service

• Defendant receives complaint
• International service can take months

3. Evidence Exchange

• Parties submit evidence
• Strict deadlines apply
• Late evidence may be rejected

4. Trial

• Usually one hearing
• Judge-led questioning
• No jury system
• Witnesses rarely appear in person

5. Judgment

• Written judgment issued
• Usually within 6 months (can be extended)

6. Appeal

• 15 days to appeal (30 for foreign parties)
• One appeal as of right
• Appeal court can retry facts and law

Key Differences from Western Courts

• No jury: Judges decide all cases
• Inquisitorial style: Judge actively questions
• Written evidence focus: Documents over testimony
• Mediation emphasis: Courts encourage settlement
• No discovery: Limited pre-trial evidence gathering

Foreign Parties in Chinese Courts

Rights

• Equal treatment under law
• Right to Chinese lawyer
• Right to interpreter
• Extended time limits for some procedures

Challenges

• Language barriers
• Document authentication requirements
• Unfamiliar procedures
• Enforcement of judgments

Practical Tips

• Hire experienced Chinese counsel
• Prepare documents properly (notarized, authenticated)
• Meet all deadlines strictly
• Consider mediation or arbitration alternatives
• Be patient—cases take time