Abstract
The Chinese judicial system, influenced by the interaction between socialist ideology and the Chinese legal tradition, is quite unique; hence the trial management or the case management as a microscopic judicial system has both a broad and a narrow definition in the contemporary Chinese legal context.
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Notes
- 1.
Damaška (1986, p. 17).
- 2.
Chenoweth (1977, p. 9).
- 3.
Head (2009, p. 81).
- 4.
The reform of the staff member system and the strengthening of judicial accountability since 2015 can be incorporated into the trial management system.
- 5.
The reform of the post of judges and the strengthening of the judges’ trial responsibilities since 2015 are part of trial management.
- 6.
Liang (2017).
- 7.
Huang (2010).
- 8.
Huai (2006, p. 239).
- 9.
Federal Judicial Center (2004, p. 7).
- 10.
Damaška (1986, p. 107).
- 11.
Ibid., p. 108.
- 12.
Freer (2009, p. 408).
- 13.
From the beginning of the 1990s to the beginning of the 2000s was the key period when the Chinese civil litigation model changed from an adversary system to an inquisitorial system. The transformation began with ‘strengthening the trial mechanism, strengthening the power of collegial bench and strengthening the burden of proof’. See Hu and Zeng (2016, p. 65).
- 14.
Prince (2014, p. 175).
- 15.
In Germany, the judge’s duty of clarification, richterliche Hinweispflichtung finds its constitutional root in the principle of equality before the law, and is an important implication of the principle of ‘equality in weapons’ (Waffengleichheit) in the procedural law.
- 16.
Huang (2003, p. 29).
- 17.
The latest revision of China’s Civil Procedure Law was in 2021. Article 125 provides that civil disputes that are brought before the people’s court and that are suitable for mediation should first be mediated, except if the parties refuse mediation.
- 18.
As prescribed in Article 136 of the Civil Procedure Law, ‘the cases people’s court accepted should be dealt with respectively as following: (1) the parties can apply to payment order proceeding for those cases without dispute; (2) for those cases that are not controversial, they may be resolved by mediation so as to be disposed of timely; (3) determine the summary procedure or ordinary procedure according to the nature of the case; (4) the cases need to trial request the parties to exchange evidence and clarify issues.’
- 19.
Federal Judicial Center (2004, p. 5).
- 20.
Ibid.
- 21.
Cai (2013, p. 131).
- 22.
See Article 22 of the Opinions on the Case Split-Flow.
- 23.
According to the Five-Year Plan for Information Construction at People’s Courts (2016–2020), ‘Stage 1’ is the internal foundation construction stage, ‘Stage 2’ is to promote the construction of website construction and construction of ‘smart court’, and ‘Stage 3’ is for ‘digital management’ and ‘embedded Internet plus’. See Wei (2015).
- 24.
The Supreme People’s Court issued the Opinions on People’s Court Further Deepen the Reform of Diversified Dispute Resolution Mechanism (《关于人民法院进一步深化多元化纠纷解决机制改革的意见》, No. 14 [2016]) on June 28, 2016, and released the Opinions on the Case Split-Flow on September 12.
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Wang, F. (2023). The History and Future of Civil Judicial Case Management in China. In: Cadiet, L., Fu, Y. (eds) On Judicial Management from Comparative Perspective. Contemporary Chinese Civil and Commercial Law. Springer, Singapore. https://doi.org/10.1007/978-981-19-8673-4_7
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