Junhao Xu is a Chinese litigation lawyer practicing in Sanming, Fujian Province, with expertise in civil litigation and dispute resolution. He graduated from Wuhan University School of Law and was admitted to the Fujian Bar in 2013. Attorney Xu has represented clients in over 250 civil cases before Fujian courts, covering contract disputes, property disputes, debt recovery, and commercial litigation. He is a director of the Sanming Lawyers Association and serves on the Civil Litigation Committee of the Fujian Bar Association.

Civil litigation in China is governed by the Civil Procedure Law of the People's Republic of China, which was most recently amended in 2021. The Chinese civil litigation system follows an inquisitorial model where judges play an active role in examining evidence and directing proceedings. Civil cases are heard in the Peoples Courts, which are organized in four tiers: the Basic Peoples Court at the district level, the Intermediate Peoples Court at the municipal level, the Higher Peoples Court at the provincial level, and the Supreme Peoples Court at the national level. The Basic Peoples Court has jurisdiction over most first-instance civil cases, while the Intermediate Peoples Court handles cases involving foreign parties, cases with significant value, and cases with complex subject matter. The jurisdiction of the court is determined by the amount in dispute, the nature of the case, and whether a foreign element is present.

The civil litigation process in China begins with the filing of a complaint with the competent Peoples Court. The complaint must include the names and contact information of the parties, the facts of the case, the legal basis for the claim, and the relief sought. Upon accepting the case, the court will issue a case acceptance notice and the defendant must file a written defense within 15 days of receiving the complaint. The court then conducts pretrial proceedings, which may include mediation, evidence exchange, and the identification of disputed issues. At trial, the court examines the evidence presented by both parties, hears witness testimony, and may request additional evidence or expert opinions. The court may also conduct its own investigation or request assistance from other government agencies. After the trial, the court issues a written judgment that sets forth the facts, the applicable law, and the court's decision. The standard of proof in civil cases is preponderance of the evidence, and the burden of proof generally falls on the party asserting a positive claim.

Appeals in the Chinese civil system are available as of right. A party who disagrees with the first-instance judgment may appeal to the next higher level court within 15 days of receiving the judgment. The appellate court reviews both the legal analysis and the factual findings of the lower court and may affirm, reverse, or modify the judgment. The appellate judgment is final and binding on the parties, although retrial proceedings may be available in limited circumstances, including newly discovered evidence, procedural irregularities, or legal errors that affect the outcome of the case. The statute of limitations for filing a civil lawsuit in China is generally three years for contract and tort claims, calculated from the date the party knew or should have known of the infringement of their rights. Special limitation periods apply to certain types of claims, including one year for certain labor disputes and five years for certain environmental claims.

Foreign parties involved in civil litigation in China face procedural particularities that differ significantly from common law systems. Discovery in Chinese civil litigation is much more limited than in common law jurisdictions, with no provision for broad pretrial discovery of documents or depositions. Evidence is generally submitted by the parties with the complaint or the defense, and the court may order the production of specific documents if a party requests such an order. Witness testimony is generally given in writing, and oral testimony at trial is less common than in common law systems. Foreign language documents must be accompanied by certified Chinese translations, and foreign parties must engage Chinese-qualified lawyers to represent them in court proceedings. The attorney's authority to represent a foreign client must be evidenced by a power of attorney that has been notarized in the country of origin and authenticated by the Chinese embassy or consulate in that country.

Attorney Xu advises clients on civil litigation strategy in China, including the selection of the appropriate court, the preservation of evidence through pre-litigation evidence preservation orders, the use of property preservation orders to prevent asset dissipation during litigation, and the strategic use of mediation to resolve disputes before trial. He emphasizes that civil litigation in China should be viewed as a last resort after other dispute resolution mechanisms have been exhausted, and that the cost, duration, and uncertainty of litigation make alternative dispute resolution a more attractive option in many cases. However, for cases involving complex factual or legal issues, intentional misconduct, or irreconcilable commercial differences, civil litigation in Fujian courts provides a robust and impartial mechanism for resolving disputes.