(1August 25, 980 (80) Minta Zi No.26)
Higher People's Court of Xinjiang Uygur Autonomous Region:
Your hospital's new law No.65 "Request for instructions on how citizens living in Canada apply for divorce from their domestic spouses" has been received. The answers to the above questions are as follows:
(1) regarding the mode of transmission of litigation documents sent abroad, please follow the provisions in our reply to the Guangdong Provincial High Court (1978, 12). That is, "legal documents sent abroad need to be examined and approved by the higher court, and then handed over by the intermediate court to the consular department of the Ministry of Foreign Affairs for transmission".
(2) On the issue of jurisdiction, our hospital agrees with your opinion, and Yili Branch will accept the case in the first instance.
(3) Regarding the verification of Zhao Jingyu's complaint, the safe way is to go through the certification procedures at our embassy and consulate in Canada. If you think you are sure to compare it with the handwriting left in China, you don't need embassy or consulate certification.
In addition, according to the situation reflected in Zhao's complaint, please pay more attention to Li Chungui's ideological education, such as the arrangement of children born in marriage after divorce and the disposal of property.
Pay attention to ensuring the political quality of legal documents for going abroad.
Attachment: The Higher People's Court of Xinjiang Uygur Autonomous Region on my residence in Canada
How to deal with citizens' requests for divorce from their spouses?
(130 June 980)
The Supreme People's Court:
According to the report of my branch office in Ili Prefecture and the attached materials, Zhao Jingyu, a female teacher of xinyuan county Dongfanghong Farm, married her fellow villager Li Chungui on 1968 and gave birth to two boys and one girl. Zhao Yu 1978 went to Canada to visit relatives, and now she has written from abroad to apply for divorce in xinyuan county court. Yili Branch believes that in order to determine the jurisdiction of the case, it is necessary to find out Zhao's current nationality and ask our hospital for instructions on verification, consultation, delivery of legal documents and document review.
In our opinion, according to the wording in Zhao Jingyu's letter and the fact that she has not been to Canada for a long time, it seems unnecessary to verify that she still retains China nationality. According to the low professional level of court cadres, lack of practical experience and the establishment of foreign affairs and overseas Chinese affairs institutions, we used to stipulate that divorce cases of one party abroad should be accepted by the intermediate people's court in the first instance, and documents sent abroad should be reviewed by our hospital. At present, this method can be maintained. The case of Zhao and divorce was accepted by Yili Branch in the first instance.
It is difficult to determine the way to consult with overseas parties, serve documents and verify the situation. According to different situations or different times, there are many regulations on this issue, such as transmitting it through overseas Chinese affairs organs or embassies and consulates abroad, contacting with lawyers, handling it through diplomatic channels, sending it directly by the court in an envelope without the name of the court, transmitting it by relatives of overseas parties or transmitting it by domestic parties. Since the "Cultural Revolution", all other ways have actually been denied except the last way, and the last way that relies entirely on private people often has the disadvantages of affecting the litigation rights of foreign parties or hindering the smooth progress of litigation. In addition, Zhao Jingyu sued for divorce, and the foreign party was the plaintiff, which was different from most previous cases. Although Zhao expressed his opinions on many important issues in the complaint, there may still be some questions that need to be asked or discussed during the trial. Regarding the signature of Zhao's complaint and subsequent documents, we think it may be more difficult and unnecessary to verify it in Canada. Should I go to her former work unit to compare her handwriting before leaving her job? In the absence of these conditions, authentication methods should also be considered.
How to solve the problems of consultation, verification and delivery? Are our views on other issues appropriate? What other issues need attention? Please indicate.