Applying Chinese Law in American Courts
Provided by HG.org
Accounting for foreign laws is important for diplomats and citizens from other countries. Their actions may be subject to certain stipulations that are not considered in the United States even when they are prosecuted or remanded to the American court system.
Many foreign citizens are subjected to language barrier issues and not supplied an interpreter. There are also certain laws that may be different for the situation based on the person, the country they are from and why they are in the courtroom. This may require different circumstances, and contact with the country of origin. When there are business complications, and the person is a Chinese national, he or she may be provided additional means of defense or court proceedings based on the incident and the laws violated. This could create a problem if no interpreter is supplied so that he or she is able to understand what is transpiring in the case.
In certain situations, the United States has provisions for international laws to apply and supersede the American legislation. In many of these cases, the matter deals with business arrangements, interactions and violations of business laws. When the court does not provide Chinese laws to apply to the claim, the judge or other staff may be in violation of these mandates. This could cause owed damages to the Chinese citizen even if he or she was participating in an offense that caused the court case. Enforcing these differences in the claim is important. This protects international communication and cooperation.
The Hague Convention Rules
When the United States courts proceed forward against a defendant when he or she is a citizen of China, this could be a violation of the Hague Convention Rules that involve international service of process for these persons. This is a treaty that the American government signed and should abide by, but there are numerous instances of violations to this peace agreement. One important factor to keep with this treaty is to ensure the defendant is provided a summons and complaint in the language of his or her country of origin. Many foreign nationals in these circumstances are not dealt with appropriately. International law if often ignored in many cases which is in violation of the Hague Convention Rules.
Many cases require a delay so that United States actions may proceed. The failure to communicate and abide by international laws of other countries is the reason various judgments from this country are not enforced as they should be. Defendants from China have explained they feel that the United States ignores the rest of the world. By not applying Chinese law in American courts for certain actions and international incidents, the judgment may be thrown out once the foreign citizen returns home. Additionally, China may attempt extradition to remove the citizen from jail, prison or other penalties.
Applying Chinese Law
When the Chinese national has been apprehended and detained, he or she is within his or her rights to request someone to explain the matter in his or her native tongue. This permits the foreign citizen the right to a fair trial and to contact legal representation. However, additional provisions are necessary in many of these circumstances. The courts could be required to apply Chinese laws to the current situation. Without doing so, the United States legal system could be in violation of international treaties and laws. Other similar matters may lead to foreign laws being applied in the courts.
When an intellectual property problem has transpired, the company could seek to pursue action within the United States legal system but have Chinese laws applied due to how the compilation arose. For the situation to permit these alterations, it is clear the Chinese organization is seeking to enforce judgment through the American decision. The country does often require that judgments and decisions made in the court are enforced when possible. By seeking the matter through these processes, the end result may remain even if the company resides in China. Because the court abides by the law, the differences are minimal.
Legal Help with Chinese Laws
When Chinese laws are applied in the United States courts, there are many possible difficulties for various parties. It may be necessary to hire a Chinese lawyer or interpreter. An international lawyer could be the best suited, but he or she may need to communicate with the Chinese national so that matters are clear and the factors of the case may be discussed by all parties.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.