Solving the status of foreign people s commercial legal entities and litigation status

It's basically the same as the Chinese.

The subjects of international civil litigation are as follows:

1. "Civil litigation subjects" refers to parties participating in civil litigation activities. In civil litigation, the subject of litigation is the people's court, the plaintiff, the defendant and the third party;

2. In civil litigation activities, the subject of litigation involved includes three aspects:

1) It is the adjudication organ that presides over the adjudication activities, and the adjudication organ leads the civil adjudication activities and is the subject of course;

2) are litigants, that is, both parties to the civil dispute involved in litigation activities, including litigants;

3) Be a participant in the litigation, including witnesses, appraisers, inquest personnel, etc. The subject of civil litigation must comply with the provisions of the law in order to ensure that civil litigation activities are carried out lawfully and effectively.

3. The subject of civil litigation usually refers to the second type of litigants, namely the plaintiff, the defendant, the third party, and the appellant and appellee in the appellate case. The qualified parties are directly related to the outcome of the litigation. In court, the defendant sometimes refutes the plaintiff by saying that "he cannot sue", or that "he cannot be the plaintiff because he does not have the substantive rights of Jian Ran", and the court must review and make a judgment on the qualifications of the parties, which is the issue of whether the parties' litigation qualifications are qualified, that is, whether the plaintiff, defendant and third party of the case are the legitimate parties to the case.

Legal basisArticle 119 of the Civil Procedure Law of the People's Republic of China.

The following conditions must be met for a prosecution:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Answer]: International organizations refer to various entities established by countries around the world in the form of certain agreements for certain purposes. On the one hand, if an international organization needs to have contact with the outside world, it must occupy a certain position in various international legal relations, and it must have a certain legal personality to exercise rights and assume obligations.

Judging from the current international legislation and judicial practice, international organizations generally enjoy absolute immunity in the proceedings of the courts of the relevant countries on the basis of certain international treaties. China's Civil Procedure Law stipulates that the issue of the civil litigation status of international organizations in China's courts shall be determined in accordance with the relevant laws of China and the provisions of international treaties concluded or acceded to by China.

The so-called foreign-related civil litigation refers to the general term for the activities and relationships of China's people's courts in hearing and resolving foreign-related civil cases in accordance with the law with the participation of the parties to the foreign-related civil cases and the relevant litigation participants. The particularity of foreign-related civil cases determines that foreign-related civil litigation has different characteristics from domestic civil litigation:

First of all, foreign-related civil litigation involves national sovereignty. Since foreign-related civil litigation contains foreign-related elements, the relationship between countries is touched on in the aspects of jurisdiction, evidence collection, and enforcement. When hearing foreign-related civil cases, the people's courts should respect the sovereignty of other countries and safeguard the sovereignty of China.

This is something that is not present in domestic civil litigation.

Second, the period of foreign-related civil litigation is longer. In foreign-related civil litigation, some parties do not have a domicile within the territory of the People's Republic of China, and some evidence exists abroad. Therefore, it takes a long time for the subject of litigation legal relations to carry out litigation acts such as serving litigation documents, investigating and collecting evidence, summoning witnesses, initiating a lawsuit, replying, appealing, etc., otherwise it is difficult to complete the litigation acts.

The need for objectivity determines the special norms during foreign-related civil litigation.

Thirdly, when hearing foreign-related civil cases, there is the issue of choosing the applicable law. The law of our country can only be applied to the trial of domestic civil cases. However, in the trial of foreign-related civil cases, there is the issue of choosing the applicable law.

The choice is expressed in two aspects: one is the choice to apply the procedural law, and the other is the choice to apply the substantive law. As far as procedural law is concerned, in principle, China's Civil Procedure Law should be applied, but if there are special provisions on procedures in an international treaty that China has acceded to or concluded, it must first choose to apply the international treaty.

The so-called "adherence to the principle of international treaties" except, of course, the provisions of which our country has declared reservations. As far as the application of substantive law is concerned, it should be handled in accordance with the provisions of substantive laws such as the General Principles of Civil Law of China. For example, in the case of legal succession of estate, the law of the place where the decedent is domiciled at the time of death applies to movable property, and the law of the place where the immovable property is located applies to immovable property.

Finally, the people's courts conduct foreign-related civil litigation, sometimes requiring the assistance of foreign courts. For example, contractual relationships, the law chosen by agreement of the parties or the law of the country with which the contract is most closely linked; Investigation and evidence collection sometimes have to be entrusted to foreign courts to assist in the completion of the investigation; After the judgment enters into force, it is sometimes requested that the foreign court enforce it.

There are mainly different levels of jurisdiction of the courts, generally foreign-related civil lawsuits are accepted by the Intermediate People's Court, and there are also differences in the choice of lawyers, language translation, etc.

There are many reasons for this, for example, the statute of limitations is different.

The subject of litigation of the International Court of Justice is only States, and the International Court of Justice cannot accept disputes between a State and an international organization or between two international organizations, nor can it deal with claims filed by corporations or non-** organizations or individuals.

The Court's advice is directed only to international organizations, mainly the relevant organs of the United Nations, and it issues advisory opinions only on legal questions. The jurisdiction of the International Court of Justice is divided into litigation jurisdiction and advisory jurisdiction. The jurisdiction of the International Court of Justice is based on the consent of the parties to the proceedings, and there are three ways to express consent:

1.Voluntary jurisdiction, in which the parties agree to submit the case to the jurisdiction of the Court.

2.Jurisdiction by agreement, a clause in which the parties designate in a treaty in advance the jurisdiction of the International Court of Justice.

3.Arbitrary compulsory jurisdiction, in which the parties declare the jurisdiction of the International Court of Destruction in individual cases. This includes the interpretation of treaties, any question of international law, the existence of any facts, etc.

Further information: The Hague International Court of Justice: Located in The Hague, the Netherlands, the full name is the International Trial Court (United Nations), abbreviated as the International Trial Court, or abbreviated as the International Court of Justice (United Nations).

It is one of the six major organs of the United Nations and the most important judicial organ, and is a civil judicial adjudication body among sovereign states, established in June 1945 in accordance with the Charter of the United Nations.

Function: Court of Justice is interpreted as judicial court in the Google Translate dictionary, so the function word justice means trial, which is judicial. Differences:

The function and competence of the Permanent Court of Arbitration in The Hague is arbitration (where the parties refer to a third party for arbitration) rather than judicial (in areas such as litigation).

The main function of the International Court of Justice is to render legally binding judgements in cases submitted by UN Member States and to provide advisory opinions on legal questions submitted by duly recognized UN organs and specialized agencies. The International Court of Justice is a civil court with a clear competence and no subsidiary body.

The International Court of Justice has no criminal jurisdiction (not to the International Criminal Court in The Hague) and therefore cannot try individuals, and such criminal trials are subject to domestic jurisdiction or by the United Nations ad hoc criminal tribunals or the International Criminal Court.

The concept and characteristics of international civil procedure in the private international law of the judicial examination are explained, and the legal education network summarizes some of the test points of the private international law of the 2016 judicial examination here, and the following is the specific content:

International civil litigation, also known as foreign-related civil litigation in the case of a country, refers to the activities of the courts of a country to hear international or foreign-related civil cases with the participation of the parties and other participants in the litigation, as well as the litigation relations arising from these activities. International civil litigation has the following characteristics: (1) International civil litigation is litigation with international or foreign-related elements.

Specifically, the foreign-related factors in litigation mainly include: there are legal persons or natural persons residing abroad or having foreign nationality among the parties to the litigation; The subject matter of the action is an act that occurred abroad, or the subject matter of the action is located abroad. The existence of these foreign-related factors often makes it necessary to conduct certain aspects or acts of a litigation abroad, such as the need to send relevant litigation or non-litigation documents abroad, or the need to obtain certain evidence related to the case abroad, or the need to apply abroad for recognition and enforcement of the court's judgment.

2) Issues in international civil procedure are generally resolved by the law of the forum, and not by foreign law. (3) The procedural law for international civil litigation includes both the general procedural norms applied by the courts of a country in hearing domestic civil cases, and the special procedural norms applicable to the special handling of international civil cases.