In order to allow for more efficient litigation and reduce your litigation costs, Shenzhen Qianhai Cooperation Zone People's Court has introduced new technology so that you can file a case by yourself online. The Court provides guidelines to help you understand the online process and file a case online. Please read the following contents carefully.
10.1. You need to Compare the Following Criteria to your Case to Find out whether your Case can be Filed Online:
10.1.1. Civil and commercial cases at first instance within Shenzhen Qianhai Cooperation Zone: the litigation matter is less than, but not equal to, 50 million Chinese Yuan, or each party's domicile is located in Guangdong Province and the litigation matter is less than, but not equal to, 100 million Chinese Yuan.
10.1.2. Foreign, Hong Kong, Macao and Taiwan-related Commercial cases at first instance (including foreign, Hong Kong, Macao and Taiwan-related private lending cases) within Shenzhen: the litigation matter is less than, but not equal to, 50 million Chinese Yuan.
10.1.3. Intellectual property civil cases at first instance within Shenzhen Qianhai or Shekou Free Trade Zone: in addition to patents, new plant varieties, integrated circuit layout design, technical secrets, computer software copyright, disputes related to well-known trademarks, and monopoly disputes, the litigation matter is less than, but not equal to, 5 million Chinese Yuan, or each party's domicile is located in Guangdong Province and the litigation matter is less than, but not equal to, 10 million Chinese Yuan.
10.1.4. Applying for the enforcement of the legal documents at first instance for the first time, or legal documents related to the second instance.
10.2. Please Note that the Following Cases are not Applicable for Filing Online:
There are some special cases that require administrative personnel to confirm the relevant legal documents on-site and therefore do not qualify for online application, to better protect your rights of entity and procedure.
10.2.1. Cases of property preservation and arbitration preservation before litigation;
10.2.2. Special procedures cases;
10.2.3. The third party withdraws;
10.2.4. Litigation of implementing objections;
10.2.5. Cases applying for retrial;
10.2.6. The applicant, in accordance with Article 224 of the Civil Procedure Law of the People’s Republic of China, applies for the implementation of legal documents of the People’s Court of first instance or other basic People’s Court, or the implementation of other legal instruments enforced by the People's Court.
10.2.7. Cases of implementing objections;
10.2.8. Other cases that do not qualify for online filing.
10.3. Please Follow the Steps below for Online Filing
10.3.1. After successfully following the steps of the online case-filing registration system to register online, the applicant can apply for online case-filing to the Court by entering the registered username and password, and uploading case-filing material that complies with the provisions, online.
10.3.2. Before uploading the case-filing material, the applicant should read the Guarantee of Faithful Litigation and click the “agree” button;
10.3.3. The applicant can download the application for online case-filing from the official website of the Court (http://szqhcourt.gov.cn).
10.4. Please Upload the following Materials when you File Online:
10.4.1. If the plaintiff is an individual, please upload a copy of the identity card; if the plaintiff is a legal person or other organisation, please upload a copy of the business license or the organisation code certificate and the proof of identity of the legal representative or the principal person in charge;
10.4.2. In cases of entrusted litigation, relevant materials such as the proof of identity of the representative and agent, and the Power of Attorney shall be submitted;
10.4.3. Information such as the name or domicile that can sufficiently distinguish the defendant from others;
10.4.4. The indictment;
10.4.5. The evidence or proof material related to the claim.
If the materials the applicant uploads conforms with the conditions, please pay the case acceptance fee within 7 days from the date of receiving the Notice of Case Acceptance, and submit or mail a number of copies that corresponds to the number of parties in the case of the written litigation material to the Court. The content of the written litigation material shall be consistent with the one uploaded.
If the applicant fails to submit or mail the written litigation materials within the time limit, or the basic content of the litigation materials submitted or mailed is inconsistent with the one uploaded, it shall be regarded as the applicant’s withdrawal from online case-filing.
10.5. Materials that are Required to be Uploaded for Online Case-filing
10.5.1. If the applicant is an individual, please upload a copy of the identity card; if the applicant is a legal person or other organisation, please upload a copy of the business license or the organisation code certificate, and the proof of identity of the legal representative or the principal person in charge;
10.5.2. In cases of entrusted application or where an application is made on the applicant’s behalf, relevant materials such as the Power of Attorney, the proof of identity of the agent and acting applicant shall be submitted;
10.5.3. Information such as the name or domicile that can sufficiently distinguish the person subject to enforcement from others.
10.5.4. The application form;
10.5.5. The legal document in force;
10.5.6. The evidence or proof material related to the application.
If the materials the applicant uploads conforms with the conditions, please pay the case acceptance fee within 7 days from the date of receiving the Notice of Case Acceptance, and submit or mail a number of copies that corresponds to the number of parties in the case of the written litigation material to the Court. The content of the written material shall be consistent with the one uploaded.
If the applicant fails to submit or mail the written litigation materials within the time limit, or the basic content of the enforcement materials submitted or mailed is inconsistent with the one uploaded, it shall be regarded as the applicant’s withdrawal from online case-filing.
10.6. You may be Held legally Responsibile for the Following Behaviours in Litigation:
10.6.1. If the applicant files a false litigation online through forging or changing the identity of the party or counterfeiting the other person’s name, the Court shall disqualify the applicant from filing online permanently.
10.6.2. Persons filing false litigation shall be admonished, fined or detained; if such act constitutes a crime, criminal responsibility shall be investigated.