As long as you are ‘directly affected’ pursuant to Chinese law, you may file a lawsuit with the court.
First, you must be directly affected by the defendant.
You need to figure out whether you have the right to file a lawsuit against the person or business you have a dispute with. To file a lawsuit with the court, you have to be someone directly affected by the legal dispute you are suing about.
For example, you are directly affected if you signed a contract with the defendant who then breached the contract. The term “contract” mentioned here may include a formal contract, or an order placed on the e-commerce website, or just an agreement in email.
Or, you are directly affected if the products made or sold by the defendant injured your physical health or property due to non-conforming quality.
Or, you are directly affected if you found that the defendant infringed your intellectual property rights, such as pirating your works.
Second, you must be a natural person or a legal entity.
Only an “actual legal entity” may start a lawsuit in China.
The Cross-border Trade Dispute 101 Series (‘CTD 101 Series’) provides an introduction to China-related cross-border trade dispute, and covers the knowledge essential to cross-border trade dispute resolution and debt collection.
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Contributors: Meng Yu 余萌
