SHANGHAI FINANCIAL COURT

Notice on Litigation Rights and Obligations

In financial civil and commercial litigation, both plaintiffs and defendants are entitled to equal procedural rights and shall exercise their civil and litigation rights in accordance with law. To assist you in effectively participating in litigation and safeguarding your lawful interests, please read the following:

I. Rights in Financial Civil and Commercial Litigation  

1.Plaintiffs may file, waive, modify, or withdraw claims; defendants may admit, rebut claims, or file counterclaims;

2.Right to appoint litigation agents;

3.Right to use the spoken and written languages of one's own ethnic group in judicial proceedings;

4.Defendants may challenge the jurisdiction of the court;

5.Rights to apply for recusal or reconsideration, collect and submit evidence; engage in debate; request mediation or negotiate settlements; apply for property preservation or preliminary enforcement; appeal judgments; apply for retrial or petition for review;

6.If a legally effective judgment, ruling or mediation agreement is not fulfilled, enforcement shall be applied within a two-year period;

7.Right to access and copy case materials and legal documents, subject to court guidance of scope and method.

 

II. Obligations in Financial Civil and Commercial Litigation

1.Exercise litigation rights lawfully and in good faith;  

2.Provide the People's Court with accurate service addresses and contact details;

3.Attend court hearings punctually;

4.Comply with procedural rules and court discipline, follow the principle of good faith, refrain from abusing litigation rights;

5.Pay case acceptance fee and other litigation costs as required;

6.Defendants must submit a defense upon receiving the complaint. Failure to do so allows the Court to rule based on the plaintiff's claims and evidence. Delayed or inadequate defenses causing significant delays may result in adverse consequences;

7.Bear the burden of proof for facts of claims or rebuttals. Failure to provide sufficient evidence leads to adverse rulings;

8.Fulfill obligations under legally effective judgments, rulings, or mediation agreements.For obstructing litigation or breaching obligations, the People's Court may impose warnings, fines, or detention depending on the severity of the case. Criminal liability applies for acts constituting crimes.

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