Relevant Issues concerning the People's Courts to Accept Civil Cases Involving Privilege and Immunity
2018-07-21 1327
- Document Number:No. 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 issued:05-22-2007
- Effective Date:05-22-2007
- 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.