C.H. (Remco) van Rhee, Fu Yulin's Civil Litigation in China and Europe: Essays on the Role of PDF

By C.H. (Remco) van Rhee, Fu Yulin

ISBN-10: 9400776659

ISBN-13: 9789400776654

ISBN-10: 9400776667

ISBN-13: 9789400776661

This quantity addresses the function of the pass judgement on and the events in civil litigation in mainland China, Hong Kong and diverse ecu jurisdictions. It presents an outline and an research of the way those respective roles were replaced as a way to focus on turning out to be caseloads and caliber calls for. It additionally exhibits different techniques selected within the jurisdictions covered.

Mainland China is introducing far-reaching reforms in its method of civil litigation. From an inquisitorial approach, during which the events play a comparatively minor function, the rustic is altering to a extra opposed approach with elevated powers for the events. even as, case administration and the position of the pass judgement on because it is known in mainland China is still varied from case administration and the function of the pass judgement on in Western nations, often as regards the constrained powers of person chinese language judges during this recognize. alterations in China are justified by means of the ever-increasing case load of the chinese language courts and the resultant lack of ability to accommodate circumstances in an enough demeanour, although ordinarily conversing chinese language courts nonetheless adjudicate civil situations inside a comparatively few minutes body (this might, despite the fact that, be troublesome while seen from the viewpoint of the standard of adjudication).

Growing caseloads and caliber matters can also be saw in numerous eu states and Hong Kong. In those jurisdictions the civil procedural structures have a comparatively hostile personality and it really is the various hostile good points of the prevailing platforms of approach that are felt to be frustrating. consequently, the lawmakers have opted for expanding the powers of the pass judgement on, usually making the pass judgement on and the events collectively accountable for the correct behavior of civil cases.

Starting from contrary instructions, mainland China and many of the ecu states and Hong Kong may possibly meet part manner of their reform makes an attempt. this can be, even if, in basic terms attainable if a formal knowing is fostered of the advancements in those various elements of the area. even supposing in either China and Europe the educational neighborhood and lawmakers are displaying a willing curiosity within the appropriate advancements in a foreign country, a learn addressing the function of the pass judgement on and the events in civil litigation in either China and Europe remains to be lacking. This publication goals to fill this hole within the current literature.

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Extra resources for Civil Litigation in China and Europe: Essays on the Role of the Judge and the Parties

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Cass J Law (4):57–68 (in Chinese) Li H (2005) Comparison on the methods to solve a factual non-liquet situation. Stud Law Bus (3):104–111 (in Chinese) Pan J, Liu Z (2010) On the relationship between judicial mediation and dispute resolution: from the perspective of constructing a harmonious society. J Comp Law (4):70–81 (in Chinese) Renmin University Trial Section (1957) The trial of civil cases should be emphasized. In: Renmin University Trial Section (ed) The reference book [materials] on the courts’ litigation procedure in the PRC.

For instance, the court should exercise its powers ex officio where types of evidence such as expert witnesses, views of a locality and the examination of witness statements is concerned, in addition to situations where such evidence is being collected by a weak party. In court practice, judicial interpretations relating to evidential time-limits are rarely applied. In order to enhance the use of mediation, judges are more likely to use different instruments (either formal or informal ones), or conduct more negotiations with the parties in the stages of the procedure before trial.

In the above case, the Docketing Division of Court A had 13 staff members; 7 of them were qualified judges. Apart from receiving and examining writs as well as determining the acceptance of cases at its Docketing Window (to ‘accept’ means exercising jurisdiction in the case), the Docketing Division is also generally responsible for serving court documents, deciding and executing requests for property preservation, conducting court mediation at the initial stages of proceedings, recording each accepted case, making case files and entering preliminary data of the case into the court computer system.

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Civil Litigation in China and Europe: Essays on the Role of the Judge and the Parties by C.H. (Remco) van Rhee, Fu Yulin

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