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Posts: 195

Governor

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Q: Can foreigners sue in China?

Or are foreigners not allowed to? Or is there just no point?

9 years 20 weeks ago in  General  - China

 
Answers (4)
Comments (12)
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Yes but you don't stand a chance in Chinese courts because of nationalism and bribery, even if you are obviously right.

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9 years 20 weeks ago
 
Posts: 2878

Shifu

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Yes, of course they can. And yes you can win in court. The deck can be weighted against you but an airtight case of contract violation is totally winnable. 

 

You can also force settlements if you can wait out the other party's willingness to retain legal counsel. 

 

When you hear those stupid outrageous stories of retarded jurisprudence they are in the news because they are stupid, outrageous and unusual.

 

Why do you ask SM90? Do you have an interesting backstory you'd like to share?

 

Cause i think this is a BS random "Oh god everyone is out to get us! Is there no relief?" type of question. Which you've developed a reputation for.

expatlife26:

 

Sorry I forgot to include the Pinocchio of Approval.

9 years 20 weeks ago
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sm90:

No actually, I was just reading a story on the internet and wondering...

9 years 20 weeks ago
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expatlife26:

yeah yeah that's what they all say...

 

Lucky we don't sue you!

9 years 20 weeks ago
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mengxing:

Haha you speak as though everyone has the same opinion but I think sm90 has only 'developed this reputation' with you. 

 

Be careful, you don't want to fall victim to admin's purges. Or bully everyone away and be the only one left. 

9 years 20 weeks ago
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expatlife26:

No it's not just me.

 

Remember he had that stupid "Young foreigners getting visas...doesn't that piss you off?" thread that was deleted. Tons of people thought that was pretty asinine.

 

Is it just you maybe?

9 years 20 weeks ago
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DrMonkey:

@expatlif26 He might have a bad day that day ? He's maybe idealistic ? I used to be "holier than thou" when I was in Vietnam, seeing things rose-tinted and loved the country so much that I would be disillusional at times. I would not throw a stone at him :p

9 years 20 weeks ago
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expatlife26:

No waiting! Stones thrown at everyone!

 

Shoot 'em all let god sort em out.

 

Besides you are french, no?...where is your "L'Esprit de l'offensive"?

9 years 20 weeks ago
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9 years 20 weeks ago
 
Posts: 3256

Emperor

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Get a very detailed reading on this topic here
http://www.chinalawblog.com/

expatlife26:

That's right cause you don't need a bunch of mumbo jumbo. You need Bob Loblaw.

9 years 20 weeks ago
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joshua73:

Bad day expatlife?

9 years 20 weeks ago
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expatlife26:

nope, that was an arrested developed reference. 

 

not a bad day at all.

9 years 20 weeks ago
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DrMonkey:

@expatlife26 This blog is not an advertisement platform for a lawyer, it contains a lot of stories and comments about the law in China and how it works when applied to foreigners or foreign interest. I thought it was a good source to quote.

9 years 20 weeks ago
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expatlife26:

I'm totally with you DrMonkey. Didn't think it was advertising.

 

just a joke from a tv show

9 years 20 weeks ago
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9 years 20 weeks ago
 
Posts: 1439

Shifu

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Anyone can sue in China. I mean, except for those who can't access the building because they can't bribe the guard.

 

It's just that cases aren't processed according to fair interpretation of the law and/or its jurisprudence, they're processed according to a subtle balance between:

- The financial weight of the parties.

- The existing friendships between parties and the judging staff.

- The potential for press scandal. Aka the existing friendships between one party and the press.

- The amount of proof/papers that can get lost in bureaucracy. Related to all the points above.

- The laws, usually so overwhelmingly numerous that versions (old, new, local, national) or domains (hit and run: traffic law or homicide law? Oh, you have no money, then both it is) can be handpicked according to the needs as defined above.

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9 years 20 weeks ago
 
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