1. The Shenzhen Qianhai Cooperation Zone People's Court ("this court") implements a system of Case Filing by Registration for civil and commercial cases.
2. The Litigation Services Center of this court is in charge of the registration and filing of the following two types of civil and commercial cases:
(1) First-instance civil and commercial cases within the jurisdiction of Qianhai Shenzhen – Hong Kong Modern Service Industry Cooperation Zone; and
(2) First-instance foreign, Hong Kong, Macao and Taiwan-related commercial cases within the jurisdiction of Shenzhen.
3. Filing a case requires the following documents:
(1) The original and duplicate(s) of a complaint, where the number of duplicate(s) shall be subject to the number of people of the defendant and the third party;
(2) Proofs in support of the party's standing to sue;
(3) Evidence or proofs related to the pleading causes;
(4) A Confirmation of Address for Service of Litigation Documents; and
(5) A List of Filing Documents Submitted by the Party.
Confirmation of Address for Service of Litigation Documents and List of Filing Documents Submitted by the Party are available at the Litigation Services Center of this court.
4. The following information shall be included in a complaint:
(1)Where the plaintiff is a natural person, the plaintiff's name, gender, age, employer, residence and contact information, or where the plaintiff is a legal person or other organization, the plaintiff's name, domicile, in addition to the name, title and contact information of its legal representative or head;
(2) Where the defendant is a natural person, the defendant's name, gender, residence and other basic information, or where the defendant is a legal person or other organization, the defendant's name, domicile and other basic information;
(3) A specific and precise claim and the facts and causes based on which such claim is made;
(4) Evidence and the sources thereof; and
(5) The name and residence of the witness, if any.
5. If either party is a natural person, a photocopy of this party's identity card or his/her information of population registration issued by a competent public security unit shall be submitted.
If the defendant does not have his/her household registered in Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone ("the Zone") but falls under the jurisdiction of the Zone as his/her residence is located therein, a certificate of residence for a continuous period of not less than one year in the Zone shall be submitted.
6. If the filing party is a legal person or other organization, photocopies of its business license and organization code certificates stamped with its official seal and photocopies of the identity certifying document and identity card of its legal representative or head shall be submitted.
If the defendant or the third party is a legal person or other organization, their industrial and commercial registration documents and organization code certificates shall be submitted.
Industrial and commercial registration documents of businesses within Shenzhen are available online at www.szaic.gov.cn. Organization codes of businesses within Shenzhen are available online at www.szdm.org.cn. Organization codes of businesses beyond Shenzhen are available online at www.nacao.org.cn.
7. The filing party, if being a foreign, Hong Kong, Macanese or Taiwanese party ("FHMT party"), shall provide notarized and certified documents or other valid authenticated documents in support of the party's standing to sue as required by law. Such notarized and certified documents or authenticated documents shall be provided within their period of validity or six months prior to the filing of the given case. In case of any special circumstances, an application for extension in writing can be filed with this court, the approval of which is subject to this court's decision.
8. In the event that the filing party assigns another to file the case on the party's behalf, a signed or sealed power of attorney and the agent ad litem's identity certifying documents are required to be submitted.
A power of attorney, if created by a FHMT party beyond the territory of the Chinese mainland, shall go through notarization and certification or other authentication formalities in accordance with law, or may otherwise be excused from any such formalities in the country or region of the FHMT party after a notary office of the Chinese mainland authenticates the FHMT party's identity and that the power of attorney is signed within the territory of the Chinese mainland. The FHMT party may also sign a power of attorney before the personnel of this court, in which case such documents as the FHMT party's identity certifying document and entry permit are required.
If the FHMT party intends to retain an attorney to file the case on the party's behalf, such attorney must be one who practices law in the People's Republic of China.
9. Proofs in support of a Hong Kong party's standing to sue shall be notarized by a Hong Kong lawyer who has been appointed by the Ministry of Justice of the People's Republic of China and sent to the China Legal Services (H.K.) Limited for sealing and transfer delivery.
Proofs in support of a Macanese party's standing to sue shall be notarized by a Chinese notary public accredited to Macau by the Ministry of Justice of the People's Republic of China and sent to the China Legal Services (Macau) Limited for sealing and transfer delivery.
10. Notarized and certified documents or authenticated documents of the standing and power of attorney in any foreign language of and provided by a FHMT party shall be attached with corresponding translated versions in Chinese.
11. A case with its filing documents satisfying the conditions for filing shall be filed then and there by the Litigation Services Center of this court.
12. For a case where the filing documents submitted by the filing party is complete but that is accompanied by any major, puzzling or other special circumstances which lead to failure of the Litigation Services Center of this court to conclude then and there whether the given case shall be filed, the filing clerk would receive the filing documents, issue a Notice of Document Reception specifying the person and time for such reception, and notify the filing party within seven days whether the case is filed.
13. If any of the filing documents submitted by the filing party fails to satisfy the prescribed requirements upon verification, the Litigation Services Center of this court will notify the filing party of the documents to be supplemented or corrected and the time limit therefor at a time by a written list then and there. In case of failure of submission of any such supplemented or corrected documents within the given time limit due to any due cause, an application for extension can be filed with this court, the approval of which is subject to this court's decision.
14.In the event that the filing party fails to supplement or correct required documents within the given time limit, the Litigation Services Center of this court will return the case filing documents to the party and may further reject acceptance of such case by a ruling in accordance with law if the party insists on filing the case or the documents supplemented or corrected too fail to satisfy the conditions for filing as required by law.
15. A case found in possession of any of the following elements upon verification will be refused to be registered and filed:
(1) Unlawful filing or non-compliance with law;
(2) Involvement in endangering state sovereignty and territorial integrity;
(3) Endangering state security;
(4) Destruction of state unity and ethnic solidarity;
(5) Destruction of the religious policy of the state; and
(6) Matters in dispute not under the jurisdiction of a people's court.
16. In case of any major controversy arising out of the filing of any case, the filing party may apply for a hearing for case filing, which may also be initiated by this court by virtue of office.
A proceeding of hearing for case filing will be presided over by a presiding judge or a collegial panel and stenographed by a clerk, where the filing party will enjoy such relevant rights as recusal, making statements and arguments and presenting evidence.
17. A case shall be filed in good faith and violate no public order or good morals. Any person filing any false or malicious case will be cautioned, fined or detained by this court in accordance with the Civil Procedure Law of the People's Republic of China, or be held criminally responsible to the extent of violation of any criminal offence.
18. The filing party may apply for pretrial mediation while this court may also initiate mediation by virtue of office. Mediation of Hong Kong-related cases may be presided over by Hong Kong mediators or institutes upon application.
A settlement agreement, if reached by both parties and affirmed by the presiding judge to have been voluntarily and lawfully made, shall come into force upon judicial confirmation or issuance of a civil mediation paper; otherwise the filing clerk shall promptly handle the case filing formalities.
19. A party, after paying the litigation fee, shall submit the voucher for such payment to the Litigation Services Center of this court or the judge assistant assigned to the given case in a timely manner following the requirements specified on the Notice of Case Acceptance.
20. http://ssfw.szcourt.gov.cn is the website for e-filing of this court.
21. Address for filing by mail: Litigation Services Center, 13-A, Vanke Enterprise Dream Park, Qianwan Yi Road, Qianhai Shenzhen – Hong Kong Modern Service Industry Cooperation Zone, Shenzhen, Guangdong 518052; addressee: Litigation Services Center.
22. Information of cases handled in this court is available online at: www.gdcourts.gov.cn.
23. For case query: 86705391; for filing of a complaint: 86705392.
May 1, 2015
