The Role of the Judge and the Parties in Civil Litigation in China and Europe: An Introduction

Abstract

Organising the administration of justice before the civil courts in an adequate manner is a complicated task. First, there are the legitimate claims of thoroughness and high quality in the adjudication of civil matters that need to be taken into consideration, since these guarantee a just outcome of the civil lawsuit and finally the observance of the rule of law in a given jurisdiction. At the same time efficiency, timeliness and costs are central issues. Unfortunately, thoroughness and high quality do not necessarily go hand in hand with efficiency, timeliness and low costs and, therefore, it is the task of the lawmaker, the Judiciary and also the parties and their counsel to balance the various interests involved in the civil action.