Application Of Law In Administrative Litigation Involving Foreign Elements

The application of law in Foreign-related Administrative Litigation.

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China has always respected international treaties in international exchanges. China's laws confirm the effectiveness of international treaties concluded or acceded to by China.

Seventy-second pairs of administrative litigation law in China

The application of international treaties in administrative litigation stipulates that there are different provisions in international treaties or administrative procedure law concluded or participated by China.

Except for the provisions stated in our country.

This requires that the people's courts in China should abide by the principles of international treaties prior to domestic legislation when handling foreign related administrative litigation cases.

but

When the application of international treaties is prior to the principles of domestic legislation, there is a limitation: any part of the international treaty expressly declared and retained by our country, that is, part of the provisions which China has not recognized and participated in, shall not be applicable to foreign-related administrative litigation, regardless of whether its provisions are in conflict with our domestic legislation, the people's courts can only apply the relevant provisions of China's administrative procedure law to hear foreign administrative litigation cases.

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The effectiveness of pnational "marriage" is not only reflected in simple legal services. The Hunchun Municipal Judicial Bureau has established an overseas legal strategic partnership with the East Asian legal service center of the Russian coastal borderland.

In accordance with the legal service agreement signed, a lawyer representative office was set up in China and Russia. Lawyers on both sides regularly exchange with each other, communicate the two countries' laws, and provide assistance to the thorny problems of the two countries.

According to the actual situation, we also issued the "guiding opinions on integrating the legal service platform to provide high-quality legal services for foreign customers", and integrated the team of lawyers. We established the operation mechanism of the Russian legal service team, which is closely coordinated by other legal service units, and launched more than 100 legal services from Russia.

In recent years, with the acceleration of Hunchun's opening up to the outside world, more and more Russians are pouring into Hunchun to travel, to do business, to buy houses and to work.

The legal aid center of Hunchun has set up a "green channel" for foreigners in the service hall, especially for foreigners.

The new measures of "33 systems" in border areas for the service of foreign personnel have been carefully launched.

Foreigners can go through the "green channel" in the legal service hall, enjoy the "priority service" that simplifies the connection procedure and prioritize priorities, and inform the parties about the time limit for the completion of the service matters and the "promise service" of the necessary legal liabilities.

At the same time, a legal aid team based on lawyers from the legal aid center and lawyers from other law firms was set up, relying on the "marriage" between the Municipal Judicial Bureau and the East Asian Lawyer Service Center in the Russian coastal border area, to provide assistance to complaints from Russian businessmen, so that they can enjoy the "characteristic service" which is friendly, enthusiastic, standardized and seriously accepted.

At present, the network of foreign aid legal aid woven by the legal aid center of Hunchun has covered every corner of the city.

In order to enable Russian tourists to effectively protect their rights in the case of disputes over medical treatment and shopping in Hunchun, the legal aid center has established a lawyer's database for handling foreign cases, assigned lawyers who are familiar with business for foreign aid recipients, and employed Russian plations to solve language barriers in foreign-related cases if necessary.

Up to now, 26 Russian complaints have been accepted, 20 of which have been successfully protected, and other cases are being processed.

Answer all kinds of legal advice more than 200 times.

While making full efforts to create a satisfactory judicial administration team, the Hunchun Municipal Judicial Bureau attaches great importance to the improvement of image building and window service level, and runs the mass line through all window services.

The notary office of Hunchun has launched the "four heart" service, that is: warm service, smiling face to welcome; listen patiently, clarify the original story, give full consideration to the truth, sincerely handle, friendly operation.

Recently, there was a Russian guest named Jakub Bo Vecchi Sergei.

By asking the plator, the notary learned that Sergei had bought a stake in an enterprise in Hunchun and wanted to change the legal representative of the company.

In the process of performing relevant procedures, the industry and Commerce Department requires notarization departments to notarized the identity of Russians.

So the notaries seriously questioned the parties' thoughts and asked for the identity of Russian passport and citizenship to be plated into Chinese on the basis of Sergei's identity.

After the confirmation is correct, the notarization of the passport and the declaration of the change of the legal representative by Chinese name to the industry and Commerce Department are notarized.

The whole process practiced the "four hearts" service and won the praise from foreign friends.

Since the launch of the Russian legal service, the legal service team, which is centered by the Jie Jie law firm, has carried out more than 100 businesses, and the notary office has handled 347 notarization matters for the Russians.