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Rights and obligations of foreigners in China: how to protect your rights - links to Chinese laws

From time to time, foreigners who live in China receive complaints about the actions of legal entities or individuals of the PRC that infringe on their rights.

In this case, it must be borne in mind that the legislation of the PRC stands for the protection of the legitimate rights and interests of foreigners.

 

Article 32 of the Constitution of the People's Republic of China states:

 

"The People's Republic of China protects the legitimate rights and interests of foreigners in China, and foreigners in China must abide by the laws of the People's Republic of China."

 

Foreigners in China are persons with foreign nationality or statelessness who reside in China for a long time or come to China temporarily.

 

The legal rights and interests of foreigners refer to the various rights and interests enjoyed under Chinese law, internationally recognized international law, and recognized international practice.

 

At the same time, foreigners in China must also abide by the laws of the People's Republic of China. If they violate the laws of the People's Republic of China, they must also bear the corresponding legal responsibility in accordance with Chinese laws. Excluded, of course, are foreigners enjoying diplomatic and consular privileges and immunities in accordance with the law.

 

The Law on Administrative Disputes states: "Foreigners, stateless persons and foreign organizations are subject to application in the administrative proceedings of the People's Republic of China, unless otherwise provided by law."

 

Article 6 of the Criminal Law provides that all crimes in the territory of the People's Republic of China are subject to this law, except for special provisions of the law.

 

According to Article 3 of the Exit-Entry Law, foreigners in China must abide by Chinese law and must not endanger China's national security, harm the public interest, or disturb public order.

 

According to Article 5 of the Civil Procedure Law of the People's Republic of China of 2017:

 

Foreigners, stateless persons, foreign enterprises and organizations file lawsuits and are liable in the people's courts and have the same rights and obligations in litigation as citizens, legal entities and other organizations of the People's Republic of China.

 

If foreign courts impose restrictions on the rights of citizens, legal entities and other organizations of the People's Republic of China to conduct civil proceedings, the People's Courts of the People's Republic of China must apply the principle of reciprocity to the rights of citizens, enterprises and organizations of the country.

 

Under normal circumstances, foreigners sue in China and have the same rights as Chinese citizens. However, if the country where the foreigner resides has restrictions for Chinese citizens, China will also have similar restrictions for citizens of that country.

 

Civil litigation involving foreign nationals only refers to civil litigation initiated by the people's court by the plaintiff, defendant, or both of them who are foreigners, stateless persons, foreign enterprises and organizations

TPL_IN
Created: 24 February 2022

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