CIVIL/CRIMINAL DISPUTES

Americans living or traveling in China are subject to Chinese law. The U.S. Consulate does not have law enforcement jurisdiction in China. The Consulate advises all Americans to contact their local police station and/or an attorney with concerns. For a list of attorneys, please click here.

Business disputes in China are not always handled through the courts.  Recently, incidents of American citizens being detained against their will by workers or hired gangs for the specific purpose of extorting money or intimidating for other gains have increased. Typically, the American is threatened with violence and detained at a factory, hotel, or private residence until payment is negotiated and delivered.  Sometimes the American is physically assaulted or abducted.  

Anyone entering into a contract in China should have it thoroughly examined, both in the United States and in China.  Contracts entered into in the United States are not enforced by Chinese courts. Care should also be taken when entering into a lease for an apartment or house.  There have been instances of foreigners being ejected from their apartments because of lease disputes, and being prevented from re-entering, even to retrieve their belongings.

Americans doing business in China should be aware that if they become involved in a business and/or civil dispute, the Chinese government may prohibit them from leaving China until the matter is resolved.  There are many cases of American citizens being prevented from leaving China for months and even years while their civil cases are resolved.  Civil cases may sometimes be regarded as criminal cases and the defendant may be placed in custody. 

The Consulate is unable to intervene in civil cases and has little influence with the Public Security Bureau. If you are involved in a civil or business dispute we recommend that you contact an attorney immediately.

For more information on doing business in China, please see the U.S. Commercial Service’s website at http://www.buyusa.gov/china/en.