The Chinese Civil Procedure Law amended the draft draft on Tuesday (December 27) for the first time for review. The draft clearly explicitly not acknowledged and enforce foreign courts to violate national sovereignty and security.
According to the China News Agency, the draft proposes that it is necessary to improve the institutional rules that recognize and implement the judgment of the foreign courts and promote the stability of the legal order of international and business and business.
The draft is clear, enhancing the transparency of Chinese judicial review.If the parties apply for recognition and implementation of a foreign court judgment, they shall be recognized and executed except the statutory situation.At the same time, if foreign court referees violate the basic principles of Chinese law or infringe on national sovereignty, security, and public interests, they will not recognize and implement them.
The draft also stated that the parties applied for recognition and implementation of the judgment of foreign courts. If the controversy involved is the same controversy as the Chinese court is in the trial, the Chinese court can suspend the trial to promote stable relevant legal relations and the expectations of the parties. At the same time, at the same timeClarify the situation of the Chinese court's restoration of litigation procedures.
This draft has improved the jurisdiction of the foreign -related agreement, and proposes that the place where the actual connection with the dispute is not in the Chinese field, it is clear that the parties can agree to choose the jurisdiction of the Chinese court.The draft also adds external investigation and evidence collection clauses to ensure the accurate finding the facts of the case.
The civil proceedings law is the basic rules for regulating civil litigation procedures.China's current civil procedure law was promulgated in 1991 and has been amended four times in 2007, 2012, 2017, and 2021. However, the amendments have not made substantial adjustments to the relevant content of civil litigation procedures for foreign -related civil litigation.
Zhou Qiang, the dean of the Supreme People's Court of China, said in a explanation of the draft amendment of the Civil Procedure Law that the people's court's trial of foreign -related civil and commercial cases has risen rapidly and has covered more than 100 countries and regions around the world, but it is presentThe functional positioning and institutional design of foreign -related civil litigation procedures have been difficult to meet the needs of fairness, efficiency, and convenient resolution of foreign -related civil and commercial disputes, and the need for the maintenance of national sovereignty, security, and development benefits. It is necessary to improve accordingly.
On the same day, the draft amendment of the Administrative Procedure Law was requested to review the 13th National People's Congress Standing Committee.The draft proposes that in Article 90 of the Administrative Procedure Law, one of the new one, which clarifies that the parties do not accept the referee of the high -level people's courts. In principle, they should apply for retrial with the original high -level people's court of the original trial, which can apply to the Supreme People's Court for retrial.
Specifically, the first situation is that the parties have no objection to the facts of the original judgment, the facts identified and applicable.The decision was discussed by the trial committee of the High People's Court.
The current administrative proceedings of China was promulgated in 1989, and has been revised twice in 2014 and 2017.Since the implementation of the law, it has played an important role in resolving administrative disputes, protecting the legitimate rights and interests of citizens, legal persons, and other organizations, supervising and supporting administrative agencies in accordance with the law, and promoting the construction of the rule of law.
