Over the past 30 years of reform and opening up, the economic strength, lifestyle, and values ??of the Chinese people have undergone great changes. Many people have the ability to travel, study, work, and settle abroad. In the past three years, the number of outbound trips by mainland Chinese residents has increased at an average annual rate of 10 million, with official statistics in 2012 being 83.18 million.
What should Chinese citizens overseas do if they encounter legal problems? Abroad, embassies and consulates abroad are representatives of the Chinese government, and many of the functions of consular officials are an extension abroad of some of the government's functions in serving citizens at home. The Vienna Convention on Consular Relations stipulates that consular officials may "serve as notaries, civil registrars and similar functions, and handle certain matters of an administrative nature" and "protect the sending country and its nationals within the receiving country within the limits permitted by international law." ——The interests of individuals and legal persons", "in accordance with the provisions of existing international agreements or in the absence of such international agreements, by any other means consistent with the laws and regulations of the receiving country, to transmit judicial pleadings and extra-judicial documents or to execute entrusted investigation letters or Letter of authorization to investigate evidence on behalf of the court of the sending country.”
It turns out that consular officials can also assume multiple legal duties!
1. "Notaries" and "marriage registrars" outside the country
In China, you need to go to a notary office to notarize a power of attorney, and you need to go to the Civil Affairs Bureau to register a marriage. But when you are abroad, you only need to enter through one door - the embassy or consulate abroad.
Xiao Wang has been studying for a doctorate in Australia for two years. Some time ago, he wanted to sell the one-bedroom apartment in his name in China and use the money to buy a larger one, but his family took the letter he wrote. The power of attorney went to the agency to go through the formalities. The agency said that the power of attorney must be notarized, so it urged him to go and get it done quickly. Xiao Wang checked on the website of the Embassy in Australia and found that to apply for notarization of a real estate transaction, he only needed to write a power of attorney and bring the original and copy of the real estate certificate, the original and copy of the passport, the original and copy of the valid residence permit in Australia, etc. Just go to the consulate to apply for the document and sign it in front of the consular officer.
What makes Xiao Wang, who has never written a similar official document before, even more considerate is that there is a ready-made sample of "Power of Attorney for Sale of Real Estate" on the embassy website, which is both labor-saving and standardized to write. In addition to the notarization of real estate entrustment, embassies and consulates abroad can also notarize child foster care power of attorney, declarations, etc. However, the parties must be present in person and sign in front of the consular officer.
2. Consular officials can also serve as "marriage registrars" to register marriages for Chinese citizens living abroad.
This usually means that on the premise that the host country accepts consular marriage registration, the diplomatic and consular missions of a country abroad handle the marriage registration and issue corresponding marriage certificates in accordance with the laws and regulations of the sending country upon the application of the marriage parties. The activities of issuing certificates have legal basis in the Vienna Convention on Consular Relations, Chinese and foreign bilateral consular treaties and relevant domestic laws and regulations in my country.
Xiao Zhang, who works in Singapore, went to the embassy in Singapore with his wife to register their marriage on January 4 this year. Because "2013.1.4" is a good day that is homophonic to "I will love you forever", there were a lot of newlyweds who went to the embassy to get their certificates that day. Although you can also go through the formalities at the "Marriage Registration Office" in Singapore, many newlyweds feel that registering at the embassy is particularly cordial and feels like "going home". Xiao Zhang said that marriage is a lifelong event, and this joy should be shared with relatives and friends, but unfortunately, being in a foreign land, they cannot witness this important moment. Registering and swearing an oath at the embassy allows consular officials representing the motherland and compatriots who are also overseas to "witness the marriage" for oneself, allowing more people to feel and share this commitment and responsibility of "forever being united", which is really useful. significance.
3. "Server" of foreign-related judicial documents
Some people are happy and some are sad. Here, the newlyweds are sweet and sweet, but over there, a modern version of " Wang Baochuan stayed at the cold kiln for eighteen years." As the saying goes, "Young couples come to keep company when they are old." Ms. Yang, who lives in Yantai, Shandong, is in her sixties and has a son who has already started a family. Now is the time for her and her husband to "grow old together" and enjoy a family together. Who would have thought that she There is an unspeakable and bitter past. In 1994, her husband, Mr. Zhao, went to Ghana alone to make a living. He agreed to take her over after settling down. But except for a few letters he wrote to his wife when he first arrived abroad, Mr. Zhang has never heard from him.
In the first few years, it was difficult to communicate due to limited communication methods. Later, with the advent of mobile phones and the Internet, Ms. Yang repeatedly found her husband's address and phone number. However, when dialing international long distance calls, either no one answered or the line was busy, and there was still no news about her husband. On many nights when they were supposed to be reunited, she secretly cried after her children fell asleep. The unforgettable longing, worry and resentment towards her husband at first gradually diluted into a kind of indifference, numbness and unwillingness to "ask for an explanation". In April this year, she finally decided to divorce this husband who was "in name only" under the persuasion of her son. But how did this divorce complaint get to Mr. Zhao?
Don’t worry, consular officials can act as this “postman”. Chinese courts can entrust our embassies and consulates abroad to serve judicial documents to local Chinese citizens. Taking Ms. Yang's case as an example, after the basic people's court accepted the case, it reported the relevant materials to the Shandong Provincial Higher People's Court. The court made a request for service to the Consular Department of the Ministry of Foreign Affairs, and after review by the Consular Department of the Ministry of Foreign Affairs, it was sent to the Chinese Embassy in China. The Embassy of Ghana served the civil complaint based on the address provided by Ms. Yang. Although Ms. Yang didn't know whether she could find her husband as she hoped, this unresolved dispute finally revealed a glimmer of hope.
4. The "Angel Rights Defender" who upholds justice
Some time ago, a long and passionate post appeared on the "Tianya Community" forum, telling the story of a "redress of injustice" touching story. The same husband goes abroad to work, and the same wife waits hard at home, almost in despair. Fortunately, this time it has a happy ending. In 2011, Lao Liu (pseudonym), who was working in Trinidad and Tobago, was involved in a dispute and was taken away by the country's police and detained for up to two years without trial. The Chinese Embassy in Trinidad and Tobago went to visit Liu as soon as possible after receiving the request for help from Liu's relatives, and hired a lawyer at Liu's own request. After more than a month of intensive investigation and evidence collection, the case was finally solved. He was wrongly accused and was acquitted on the day the court pronounced his verdict. The moment the husband and wife reunited, they looked at each other without words but shed a thousand lines of tears. ?
While you are lamenting, please don’t forget that when you are away from home and your legitimate rights and interests are infringed upon, or you have civil disputes with others or are involved in criminal cases, consular officials can make recommendations based on your request. Lawyers, translators and doctors; consular officials may visit you at your request while you are detained, arrested or serving a sentence.
From this point of view, ordinary people not only need to find consular officials abroad when they go abroad, but they may also need their help when dealing with relatives, friends, and acquaintances abroad at home. People who are already abroad should not only "find the embassy or consulate when encountering difficulties", but they can also come to our embassy or consulate for weddings.
However, just as domestic government departments have limited powers and cannot be overstepped, consular officials are not omnipotent "supermen". For example, in the previous case of Mr. Liu, our embassy in Trinidad and Tobago cannot interfere with Trinidad and Tobago’s judicial or administrative actions, cannot participate in arbitration or directly resolve the economic, labor and other civil disputes encountered by Mr. Liu, and cannot file legal proceedings on his behalf. , nor can it help him receive more favorable treatment than locals during treatment, detention or imprisonment.
The people have the final say on whether overseas livelihood projects are good or not. While consular officials provide good services to you, they also hope to get your understanding, support and sincere opinions and suggestions. As the saying goes "Heart for heart", "Long live understanding". The "Chinese Dream" of ordinary people is to live a prosperous life and have a harmonious family, and helping ordinary people who go abroad to go more and more smoothly on the road of "seeking their dreams" is the best "Chinese Dream" for every consular officer stationed abroad.