CHINA Law and Practice Contributed by: Chuanhong Long, Ji Liu and Xiao Jin, CCPIT Patent and Trademark Law Office
mainly include, for example, ships and aircraft registered in a foreign country. For these assets, supervision is necessary to prevent the assets from leaving China. 6.6 Third Parties and Injunctive Relief Injunctive relief can be obtained against third parties. In general, the purpose of interim injunc- tions is to make sure the judgment or the trial can be fulfilled. Therefore, injunctions against third parties are allowable when necessary. 6.7 Consequences of a Respondent’s Non-compliance If a respondent violates the terms of an injunc- tion, the applicant may request the court to enforce it. If the court is unable to enforce the injunction due to the respondent’s bad faith con- duct, the court may order a fine, detention, or seizure of the respondent’s property. Like most courts in the world, Chinese courts focus on fact-finding during the hearing, which can be divided into the following stages outlined below. Appearance Review The court clerk verifies whether the parties and other participants in the proceedings have appeared in court and announces the court’s rules. After the presiding judge formally opens the trial, they state the cause of action and inform the parties of their litigation rights and obligations. Court Investigation The court focuses on fact-finding during this stage. The court investigation mainly includes 7. Trials and Hearings 7.1 Trial Proceedings
reviewing the complaint and defense, cross- examining witnesses and evidence, listening to the parties’ opinions on judicial appraisal con- clusions, and discussing whether to admit new evidence submitted after the evidence submis- sion period has expired. Court Debate Once the evidence and basic facts have been presented, the panel organises a court debate and listens to arguments made by each party. Sometimes, judges ask questions about certain issues in the case to try to ascertain the facts through the parties’ debate. The court may end the hearing if the judges believe that the facts have been sufficiently ascertained. Issuance of Judgment A judgment is issued within a certain period of time after the hearing. There is no set time limit between the hearing and the issuance of judg- ment, which can take weeks or months. 7.2 Case Management Hearings Case Management Hearings In China, while there are no formal case man- agement hearings, the court does determine the case’s timeline. To effectively manage com- plex cases, the court may facilitate pre-hearing cross-examinations of evidence and discus- sions of key arguments, particularly when par- ties exchange evidence. This approach enables the court to pinpoint the crux of the dispute, potentially shortening the duration of the hear- ing. Such pre-hearing sessions are particularly beneficial in highly complex cases. Hearings There must be a hearing in first instance in China. Each party is summoned to court to present evi- dence and arguments. Second instance cases may be conducted in writing, but the appellate
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