Exercises
1.Prepare answers to the following questions using paragraph form.
(1) Summarize the fundamentals of the trial system of the People’s Courts.
(2) What are the sources of international civil jurisdiction in China?
(3) What are the major categories of jurisdictions of the People’s Courts?
(4) What is construed jurisdiction under the CPL? How do you evaluate it?
(5) What is judicial supervision procedure? What is its possible consequence when a Chinese judgment is seeking an extraterritorial recognition and enforcement?
2.Multiple Choice
(1) Pak,a Korean citizen was sued by Liu,a Chinese citizen in an Intermediate People’s Court of China; ( )
A.If Pak was a Korean lawyer,he may appear in the Court,representing himself as a lawyer.
B.If Pak was not a Korean lawyer,he may invite a Korean lawyer to appear in the Court as a lawyer.
C.No matter he was a Korean lawyer or not,he shall invite a Chinese lawyer to appear in the Court.
D.He may ask a Chinese citizen to appear in the court.
(2) B was domiciled in England who petitioned an English court for divorce.A,her husband who was a Chinese citizen,chose to file the divorce suit against B before a Chinese court,ignoring the action in England.In this case,( )
A.the Chinese court may hear the case brought by A.
B.the Chinese court should not accept the case.
C.the Chinese court should advise A to sue in England.
D.A is not entitled to sue before the Chinese court.
(3) Jackson,a Californian citizen,concluded a contract with Lee,a Chinese citizen,which should be implemented both in California and China.Later,Jackson filed a suit against Lee before a Californian court and obtained a judgment in favor of him.Lee,unsatisfied with the Californian judgment,brought an action against Jackson in a People’s Court of China.In this case,( )(https://www.daowen.com)
A.the Chinese court shall turn down the action.
B.Lee was not permitted to sue Jackson in China.
C.the Chinese court had the jurisdiction over this action.
D.the California court may lodge a protest via diplomatic channel should the Chinese court hear the action.
(4) Vindatoir Co.Ltd.,an English company and Shenghua Co.Ltd.,a Chinese company established a joint venture in Shanghai.If disputes arose out of the contract between them,and Vindatoir was planning to sue Shenghua,which one among the following statements is correct under the Chinese law? ( )
A.Vindatoir may sue Shenghua either in China or in England.
B.Vindatoir can sue Shenghua only in China.
C.Vindatior and Shenghua may choose a court either in China or in England.
D.Vindatior and Shenghua may choose a court in a third jurisdiction.
(5) Which of the following statements is correct? ( )
A.Forum non conveniens is not accepted by any civil law country other than China.
B.Chinese formal legislation has confirmed the doctrine of forum non conveniens.
C.Supreme People’s Court has not introduced the doctrine of forum non conveniens until the promulgation of the Interpretation on CPL in 2014.
D.Under Article 532 of the Interpretation on CPL,forum non conveniens could be pled in the defendant’s application,or be considered by the court by its own motion as far as the defendant has challenged jurisdiction.
3.Case Analysis
(1) A,domiciled in England,sells goods to X,domiciled in China.The price is payable in England.X’s purchase order,which A has seen in previous transactions,provides in printed conditions on the back that the Chinese courts are to have exclusive jurisdiction over any dispute.X refuses to pay,claiming that the goods are not in conformity with the contract.A brings an action in England,while X sues A in a Chinese court.Which country has jurisdiction over the dispute? Why?
(2) In the case of Zhang Guimei et al.v.General Electric Co.et al.,what was the justification for the court in Los Angles to exercise jurisdiction? When the trial court in Los Angles applied the doctrine of forum non conveniens to grant defendants’ motion,what were the major considerations and rationales? If the Chinese Court postpones the trial of the case indefinitely,what kind of consequence may occur?