Abstract
The main purpose of civil case management in Mainland China is to increase litigation efficiency through necessary and proper management. The two systems that are higly relevant for case management are the time limit system for adjudication and the time limit system for adducing evidence. The time limit for adjudication requires the judge to finish his adjudcation task efficiently, while the time limit for adducing evidence requires the parties to submit evidence in time. The two systems complement and bring out the best in each other, making Mainland China's civil procedure highly efficient and quite successful in managing litigation delays.
Note: The original text is written in Chinese. MENG Xing (Law School, Liaoning University, People’s Republic of China) translates it into English.
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Notes
- 1.
In the Civil Procedure Law of the People’s Republic of China (For Trial Implementation), the first Civil Procedure Law of New China enacted in 1982, there were no regulations on the time limit for adjudication.
- 2.
In the basic people’s court, although there is no special office for adjudication management, there will be certain specialized people responsible for the management of the time period for adjudication.
- 3.
The system will remind the judge by using different colors to show the different time progress. For example, in ordinary proceedings, the color will be green in the beginning and will turn orange when 10 days are left. The color will become red if the time limit is overpassed.
- 4.
See Ren (2015).
- 5.
During the judge quota reform, many judges failed to obtain the quota because of many unfinished cases.
- 6.
This is the main reason why the Supreme People’s Court establishes the time limit system for adducing evidence. The Supreme People’s Court thinks that it is not balanced to have a time limit for the court on adjudication while having no time limit for the parties on adducing evidence. This flaw is observed in the legal system and is one of the main reasons why the judge cannot close the case within the time limit.
- 7.
See Article 65 of the Civil Procedure Law of the People’s Republic of China.
- 8.
Paragraph 1, Article 102 of the Interpretation of the Supreme People’s Court on the Application of the Civil Procedure Law of the People’s Republic of China.
- 9.
See the Fourth Part, ‘Ensuring Judicial Fairness and Enhancing Judicial Credibility’ in the Decision of the Central Committee of the Communist Party of China on Major Issues Pertaining to Comprehensively Promoting the Rule of Law.
- 10.
In China, fine payment is a compulsory measure of civil procedure. According to Article 115 of the Civil Procedure Law, the amount of a fine on an individual shall not be more than RMB 100,000, and the amount of a fine on an entity shall not be less than RMB 50,000 but not be more than RMB 1 million. Therefore, for the parties who deliberately delay the proceeding through late submission of evidence, the court can fulfill the procedural fairness through heavy fee sanction.
Reference
Ren H (2017) Imposing inhibition onto the time period for adjudication. People’s Court Newspaper, 30 July 2017 (in Chinese)
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Li, H. (2023). The Civil Case Management in Chinese Court: Focusing on the Time Limit for Adjudication and Adducing Evidence. 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_9
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