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I. Conditions for prosecution:

. The plaintiff must be a citizen, legal person or any other organization that has a direct interest in the case.

. There must be a definite defendant.

. There must be specific claims, facts and reasons for the suit.

. The suit must belong to the scope of the Shanghai Maritime Court the jurisdiction of this court.

 

    II. Documents should be submitted for prosecution:

. The original and the copy of the bill of complaint

One original is submitted to the courtand the number of copies shall be submitted according to the number of the opposing parties. The complaint shall contain the basic information of the partiesthe claimsfacts and reasonsand be signed or sealed by the plaintiff which cannot be copied.

. Evidence on which the prosecution is basedand lists of evidence

Evidence which meets the conditions for prosecution means the evidence that can prove the subjects of the parties are qualified and have legal interestsand the dispute is under the jurisdiction of the court.

The list of evidence shall specify the name and number of evidencewhether it is the originaland object of proof. The number of copies of evidence is the same as that of the complaint.

. Qualification documents of the plaintiff and the defendant

If the plaintiff is a natural person, the plaintiff shall submit a copy of the identity certificate; if the plaintiff is a legal person or an unincorporated organization, the plaintiff shall submit a copy of the business license or organization code certificate, and the identity certificate of the legal representative or principal person in charge. If the defendant is a natural person, the defendant shall submit a copy of the defendant’s identity materials; if the defendant is a legal person or an unincorporated organization, the defendant shall submit a copy of the defendant’s business license or organization code certificate, etc. If the court has an argument of the identity of parties or agents who file the lawsuit by postthe parties or agents shall submit documents on site.

. Power of attorney

If the agent is a lawyer, the agent shall submit a power of attorney, a copy of lawyers card and a letter of the law firm; if the agent is a company employee, the agent shall submit a copy of the employee’s ID card, a copy of the power of attorney, and a copy of the labor contract with the company’s seal.

. Plaintiff's confirmation of address for service

. Confirmation of the bank account number of the party’s "refund of winning"

The plaintiff shall fill in the confirmation of the party’s bank account number for “refund of winning”, provide the bank account number used to receive the “refund of winning”, and clarify whether or not to voluntarily bear or agree to the losing party to directly pay him the prepaid but not liable litigation costs.

 

III. Matters needing attention in litigation involving foreign affairs, Hong Kong, Macao and Taiwan

. If the party submits the indictment, power of attorney, and evidence from a foreign country, or the evidence provided to the court is formed in a foreign country, The indictment, power of attorney, and evidence should be notarized by the country where they are from and be certified by Chinese Embassy and Consulate in that country, or the parties should perform the certification procedures stipulated in the relevant treaty between China and that country.

. If the parties submit the indictment, power of attorney and evidence from Hong Kong, Macao and Taiwan, or the evidence provided to the court is formed in Hong Kong, Macao and Taiwan, they shall go through relevant notarization procedures.

. If the indictmentthe power of attorney and the evidence are in a foreign language, a Chinese version is required; if the foregoing material needs to be sent to foreign parties, the version in the official language of the parties’ country shall be provided. The materials shall be translated by certified translators (such as the Shanghai Interpreters' Association).

. The foreign parties may issue the “GENERAL AUTHORIZATION LETTER” to a domestic company to authorize the company to entrust Chinese lawyers on its behalf or handle matters related to maritime litigation in the People’s Republic of China (The recommended text can be downloaded from the official website of Shanghai Maritime Court).