Search Results

Civil Litigation in China and Europe

Download or Read eBook Civil Litigation in China and Europe PDF written by C.H. (Remco) van Rhee and published by Springer Science & Business Media. This book was released on 2013-12-03 with total page 356 pages. Available in PDF, EPUB and Kindle.
Civil Litigation in China and Europe
Author :
Publisher : Springer Science & Business Media
Total Pages : 356
Release :
ISBN-10 : 9789400776661
ISBN-13 : 9400776667
Rating : 4/5 (61 Downloads)

Book Synopsis Civil Litigation in China and Europe by : C.H. (Remco) van Rhee

Book excerpt: This volume addresses the role of the judge and the parties in civil litigation in mainland China, Hong Kong and various European jurisdictions. It provides an overview and an analysis of how these respective roles have been changed in order to cope with growing caseloads and quality demands. It also shows the different approaches chosen in the jurisdictions covered. Mainland China is introducing far-reaching reforms in its system of civil litigation. From an inquisitorial procedure, in which the parties play a relatively minor role, the country is changing to a more adversarial system with increased powers for the parties. At the same time, case management and the role of the judge as it is understood in mainland China remains different from case management and the role of the judge in Western countries, mainly as regards the limited powers of individual Chinese judges in this respect. Changes in China are justified by the ever-increasing case load of the Chinese courts and the consequent inability to deal with cases in an adequate manner, even though generally speaking Chinese courts still adjudicate civil cases within a relatively short time frame (this may, however, be problematic when viewed from the perspective of the quality of adjudication). Growing caseloads and quality concerns may also be observed in various European states and Hong Kong. In these jurisdictions the civil procedural systems have a relatively adversarial character and it is some of the adversarial features of the existing systems of procedure which are felt to be problematic. Therefore, the lawmakers have opted for increasing the powers of the judge, often making the judge and the parties mutually responsible for the proper conduct of civil cases. Starting from opposite directions, mainland China and the various European states and Hong Kong could meet half way in their reform attempts. This is, however, only possible if a proper understanding is fostered of the developments in these different parts of the World. Even though in both China and Europe the academic community and lawmakers are showing a keen interest in the relevant developments abroad, a study addressing the role of the judge and the parties in civil litigation in both China and Europe is still missing. This book aims to fill this gap in the existing literature.


Civil Litigation in China and Europe Related Books

Civil Litigation in China and Europe
Language: en
Pages: 356
Authors: C.H. (Remco) van Rhee
Categories: Law
Type: BOOK - Published: 2013-12-03 - Publisher: Springer Science & Business Media

DOWNLOAD EBOOK

This volume addresses the role of the judge and the parties in civil litigation in mainland China, Hong Kong and various European jurisdictions. It provides an
Civil Litigation in China and Europe
Language: en
Pages: 0
Authors: C.H. (Remco) van Rhee
Categories: Law
Type: BOOK - Published: 2016-09-17 - Publisher: Springer

DOWNLOAD EBOOK

This volume addresses the role of the judge and the parties in civil litigation in mainland China, Hong Kong and various European jurisdictions. It provides an
Civil Law in Qing and Republican China
Language: en
Pages: 358
Authors:
Categories: Law
Type: BOOK - Published: 1994-08 - Publisher: Stanford University Press

DOWNLOAD EBOOK

The opening of local archives to Western scholars in the 1980's has provided the basis for this reexamination of civil law in Qing and Republican China. This pa
Code, Custom, and Legal Practice in China
Language: en
Pages: 261
Authors: Philip C. Huang
Categories: Law
Type: BOOK - Published: 2001 - Publisher: Stanford University Press

DOWNLOAD EBOOK

What changes occurred and what remained the same in Chinese civil justice from the Qing to the Republic? Drawing on archival records of actual cases, this study
Modernising Civil Liability Law in Europe, China, Brazil and Russia
Language: en
Pages: 301
Authors: Gert Brüggemeier
Categories: Law
Type: BOOK - Published: 2011-05-19 - Publisher: Cambridge University Press

DOWNLOAD EBOOK

Non-contractual liability, stemming from damage accountably caused to another, has been the subject of the PETL and DCFR VI European reform initiatives. Gert Br
Scroll to top