For most civil claims in China you have three years to sue. The clock starts when you knew — or should reasonably have known — that your right was harmed and who was responsible (Civil Code, Article 188), and a court will not protect a claim brought more than 20 years after the harm.

What does Article 188 say?

Article 188 sets a three-year limitation period for asking a court to protect a civil right, unless another law provides otherwise. Time runs from the date the right-holder knew or should have known of the harm and of the person responsible. There is a hard outer limit of 20 years from the date of the harm; beyond that a court will not protect the claim unless the right-holder applies and the court finds special circumstances. A handful of claims have their own periods set by other laws, so three years is the default, not a universal rule.

What this means in practice

Two points decide most cases. First, the deadline turns on when you discovered the problem, not when the contract was signed — so an unpaid invoice or a defective delivery can still be actionable years after the deal. Second, the limitation is a defence, not an automatic bar. Under Article 192 the debtor must raise it; if they agree to perform after the period has run, they cannot later rely on it. Under Article 193 a court will not apply the period on its own. If you were genuinely prevented from suing — for example by force majeure, or because you had no legal representative — Article 194 allows the period to be suspended, and six months are added after the obstacle ends. Action also restarts the clock: under Article 195, a written demand for performance, the debtor’s agreement to perform, or filing suit or arbitration all interrupt the period, which is then recalculated.

A scenario

(Hypothetical.) A buyer takes delivery of machinery in 2021 but only discovers a serious defect during a routine inspection in 2025. The three-year period runs from the 2025 discovery, not from 2021 — but the 20-year outer limit, counted from the date of the harm, still applies. A written demand in 2025 would interrupt the clock and start it again.

Three years is the default, discovery starts the clock, and 20 years is the absolute ceiling. If you think you have a claim, the safe answer is to act now.

Wang Guan | Co-founder, Beijing Haolue Law Firm | +86 17813108512