Relevant Issues concerning the People's Courts to Accept Civil Cases Involving Privilege and Immunity

 2018-07-21  23



  • Document NumberNo. 69 [2007] of the Supreme People’s Court, May 22, 2007
  • Area of Law Foreign Affairs
  • Level of Authority Documents of Judicial Interpretation Nature
  • Date issued05-22-2007
  • Effective Date05-22-2007
  • Status Effective
  • Issuing Authority Supreme People's Court



Notice of the Supreme People's Court on the Relevant Issues concerning the People's Courts to Accept Civil Cases Involving Privilege and Immunity
(No. 69 [2007] of the Supreme People's Court, May 22, 2007)
The higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government, the courts-martial of the People's Liberation Army and the Xinjiang Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uigur Autonomous Region:
To strictly enforce the provisions of the Civil Procedure Law of the People's Republic of China and the relevant international conventions that China has acceded to and ensure the correct acceptance of civil cases involving privilege and immunity, this court has decided to establish a reporting system for cases involving privilege and immunity accepted by the people's courts, and a notice is hereby issued as follows:
For a civil case filed with the people's court where the defendant or third party is any of the following subjects that enjoys privilege or immunity in China, before deciding to accept it, the people's court shall submit it to the higher people's court with jurisdiction for examination; the higher people's court agreeing on the acceptance shall submit its examination opinions to the Supreme People's Court. Before the Supreme People's Court makes a reply, no acceptance shall be made.
I. Foreign country;
II. Embassy of a foreign country in China or any of the staff thereof;
III. Consulate of a foreign country in China or any of the members thereof;
IV. Diplomatic delegate of a foreign country in a third country passing by China or the spouse living therewith or an underage child thereof;
V. Consular officer of a foreign country in a third country passing by China or the spouse living therewith or an underage child thereof;
VI. Foreign official holding a diplomatic visa of China or holding a diplomatic passport (limited to a country implementing mutual visa exemption) coming to China;
VII. Consular officer holding a diplomatic visa of China or holding a diplomatic passport of a country implementing mutual visa exemption with China;
VIII. Chief of state, head of government, foreign minister or any other official with an equivalent identity of a foreign country visiting China;
IX. Foreign delegate coming to China to attend an international meeting convened by the United Nations or a specialized agency thereof;
X. Official or expert of the United Nations or a specialized agency thereof coming to China temporarily;
XI. Representative body in China of an organization within the United Nations system or any of the staff thereof; or
XII. Any other subject enjoying privilege or immunity in China.