Two departments jointly release opinions: promoting the resolution of difficulties such as difficulty in delivering cases involving overseas Chinese and inconvenience in participating in litigation
2025-01-09
In order to effectively safeguard the legitimate rights and interests of returned overseas Chinese and their families, as well as the legitimate rights and interests of overseas Chinese, and to promote the judicial protection and legal services of overseas Chinese interests, the Supreme People's Court and the All China Federation of Returned Overseas Chinese jointly issued the "Opinions on Strengthening the Judicial Protection of Overseas Chinese Interests in the New Era" (hereinafter referred to as the "Opinions on Judicial Protection of Overseas Chinese Interests") today. This is the first time that the Supreme People's Court and the All China Federation of Returned Overseas Chinese have jointly issued a normative document on judicial protection of overseas Chinese interests. According to the heads of the Supreme People's Court Research Office and the Rights and Interests Protection Department of the All China Federation of Overseas Chinese, since the launch of the diversified resolution pilot work for overseas Chinese disputes in 2018, a total of 30 higher people's courts and local overseas Chinese federations have jointly issued documents based on local conditions to establish a system framework for cooperation between law and overseas Chinese, accumulating rich practical experience in judicial protection of overseas Chinese interests. Since the establishment of the "General to General" diversified dispute resolution mechanism by the Supreme People's Court and the China Federation of Returned Overseas Chinese at the end of 2020, more than 270000 cases involving overseas Chinese have been successfully mediated, providing high-quality legal services for the vast number of overseas Chinese and their families, effectively reducing the burden of litigation. The Opinion on Judicial Protection of Overseas Chinese Interests emphasizes that higher-level people's courts, especially the Supreme People's Court and the Higher People's Court, should strengthen trial supervision and guidance, timely resolve difficulties and obstacles in the trial work of overseas Chinese disputes, and further unify the judgment standards of overseas Chinese cases. People's courts at all levels should rely on information platforms, adhere to the combination of online and offline, summarize and promote mature experiences such as cross domain litigation services, shared courts, and overseas Chinese characteristic courts, and continuously strengthen litigation services for overseas Chinese cases. Overseas Chinese federations at all levels should adhere to the combination of visits and mediation, prioritize mediation, and build a legal service team. At the same time, they should vigorously attract other professionals to participate in the judicial protection of overseas Chinese interests, and provide professional and effective legal services for returned overseas Chinese, their families, and overseas Chinese. The Opinion on Judicial Protection of Overseas Chinese Interests emphasizes that higher-level people's courts, especially the Supreme People's Court and the Higher People's Court, should strengthen trial supervision and guidance, timely resolve trial difficulties and blockages, unify judgment standards for overseas Chinese cases, and summarize and refine experience and practices to promote the handling of overseas Chinese cases. People's courts at all levels should, in accordance with legal provisions and international treaties concluded or participated in by China, promote the resolution of practical difficulties such as difficulty in serving cases involving overseas Chinese and inconvenience in participating in litigation, and continuously enhance the sense of achievement of overseas Chinese in the service of justice for the people and fair justice. The Opinion on Judicial Protection of Overseas Chinese Interests also proposes that people's courts at all levels should rely on relevant information platforms to provide online filing, payment, mediation, trial, judicial confirmation, identity authentication, authorization and other services for parties involved in overseas Chinese cases. They should actively guide parties involved in overseas Chinese cases to exercise their litigation rights reasonably, and prevent procedures from being idle due to parties' lack of understanding of domestic legal provisions and litigation procedures, and inconvenience in participating in litigation. Combining with the construction of digital courts, promote the breaking down of data barriers, and enable high-frequency needs such as entry and exit records, real estate certificates, marriage certificates, and notarized certificates to be "queried with one click" on the platform, achieving the goal of "allowing data to run more and parties to run less errands". (New Society)
Edit:Rina Responsible editor:Lily
Source:gmw.cn
Special statement: if the pictures and texts reproduced or quoted on this site infringe your legitimate rights and interests, please contact this site, and this site will correct and delete them in time. For copyright issues and website cooperation, please contact through outlook new era email:lwxsd@liaowanghn.com