Civil status of foreigners

Civil status of foreigners (a) The civil status of foreigners in general the principle of Experience of the civil status of foreigners from xenophobic to a reasonable number of treatment period of development. The current practice of the international community is to provide foreigners with the people with the same civil status, that is given to foreigners in the civil aspects of national treatment. Therefore, the principle of national treatment (also called the principle of equal treatment) is the civil status of foreigners as a general principle. However, in order to ensure that its nationals abroad can be the host of national treatment, countries are generally provided for in the given country, including national treatment of foreigners is based on reciprocity or on condition that the foreigners of their countrymen at home should also be civil proceedings to give national treatment status. (B) of foreigners in China's civil status 1. To conditions such as the principle of national treatment According to China's Civil Procedure Law article 5, paragraph 1, foreigners, stateless persons, foreign enterprises and organizations in China's court, the respondent, with the People's Republic of China citizens, legal persons and other organizations have the same rights and obligations of the proceedings. This shows that, in accordance with China's laws, the foreign parties to civil proceedings in our country and our party have the same right to prosecute and the respondent's ability and capacity, and enjoy activities for civil rights. At the same time, they must be the same person as my obligation to bear the litigation. A civil action in China's foreign party can not assume the obligation not to enjoy the proceedings right of action, we can not only enjoy a right of action litigation rather than to assume the obligations, in particular, can not enjoy a special privilege. China's Civil Procedure Law Article 5, paragraph 2, further stipulates that the foreign court of China's citizens, legal persons and other organizations to limit civil rights, the court in the country of China's citizens, enterprises and organizations of civil rights, apply the principle of reciprocity . Therefore, in our country is taken as the conditions of the principle of national treatment. 2. Ability of the parties and the civil rights litigation capacity In today's world countries and relevant international conventions to ensure that foreigners inside the country is free to the right court, and even in the absence of the provisions of international treaties, in accordance with international customary, but also foreigners, the country should be given the right to court. China has no explicit provision is generally believed that China's scholars, the civil rights of the parties ability to house the law should be in accordance with the law, that is, whether the parties have the capacity of civil rights issue should be resolved by the court to decide the law of the country. As to whether the parties have the capacity of civil action should be taken by the personal law of parties, but even under the personal laws of its civil nuclear capacity, if the Court in accordance with the law and the law of the country have civil act capacity, should be identified as there are civil capacity, that is, at this time should be in accordance with the law and the Law Institute. 3. Guarantee the cost of litigation Security refers to the cost of litigation in civil court proceedings in accordance with international procedural law the provisions of the country, in order to prevent abuse of the Yi of First Instance of the plaintiffs or to prevent them from losing the right to non-payment after the cost of litigation as the plaintiff's request, including the country of foreigners or people without shelter, in the Prosecution may provide the burden of his legal costs of the security. It should be noted that here the cost of litigation does not include the admissibility of the case and instead refer to the parties, witnesses, experts, translators, travel costs, court fees and other litigation costs. At present, the absence of treaty obligations, many countries in the international civil courts are to varying degrees, foreign plaintiff to provide security for costs litigation, only a small number of countries do not require the plaintiff to provide security. Security for the cost of litigation, our experience from the requirement to provide security to the introduction of foreigners in the premise of mutual security for costs from the process of litigation. In addition, China signed a number of countries with bilateral judicial assistance treaties, in general, the co-nationals from the other parties the terms of the cost of litigation margin. 4. Legal representation Civil proceedings in the international, national legislation to allow foreign parties to the proceedings commissioned agent acts on behalf of the proceedings. But generally provide that a foreign party if you want a lawyer acts on behalf of proceedings can only be entrusted to practice in the courts of the State's lawyers. In addition, the judicial practice of the international community, there are still a consular agency system, that is, a country's consular offices abroad can be the basis of country legislation and the provisions of relevant international treaties, in their country under the jurisdiction of the Court terms of reference on behalf of its nationals to participate in the proceedings related to the protection of the natural or legal person in the country's legitimate rights and interests. 1963, "Vienna Convention on Consular Relations," affirmed the consular agency system, the system has been universally acknowledged by the international community. According to the Code of Civil Procedure and the relevant judicial interpretations, the participation of foreigners in China's court proceedings can be conducted in person, also have the right to entrust our country through a certain procedure or the lawyer to carry out on behalf of other citizens. However, lawyers need to commission proceedings, we must entrust our litigation lawyers. Foreign-related civil parties, but also commissioned its own agent of human action can also be commissioned by their own lawyer in his capacity as a non-lawyer litigation as an agent. In addition, the foreign party can also be commissioned by their own officials, embassies and consulates in order to suit his own name as agent. Finally, Deputy Consul General of China's legislative system of the positive attitude taken. As regards the power of attorney, if the field in our country without residence in China of foreign lawyers or parties entrust others deputy litigation, power of attorney is sent to or from our offshore delivery of care, it should be notarized after the host country authorities to prove, and by the Chinese Embassy in Embassy or Consulate of the country's certification, or performance of the host country China and the treaty entered into evidence of the procedures set forth in before to have effect. 5. Judicial immunity Civil Procedure Law of China in accordance with the provisions of Article No. 239, on diplomatic privileges and immunities enjoyed by foreign nationals, foreign organizations or international organizations to initiate civil proceedings should be in accordance with the relevant laws of China and China's the conclusion of international treaties or the regulations. This provision relating to State immunity and diplomatic privileges and immunities and immunities of international organizations. 1986 "People's Republic of China Concerning Diplomatic Privileges and Immunities" clearly defines enjoy diplomatic immunity from civil jurisdiction, in 1975 China joined in 1961 the "Vienna Convention on Diplomatic Relations," a civil action on the diplomatic representatives of judicial immunity and the exceptions provided for.