China: Mainland. Efficiency at the Expense of Quality?

Chapter
Part of the Ius Gentium: Comparative Perspectives on Law and Justice book series (IUSGENT, volume 31)

Abstract

In this chapter, the authors present an extensive outline of an ordinary civil lawsuit in China, describing and analysing the various steps in the procedure in detail. This outline is subsequently used to comment on the existing model of civil litigation in China. The model is highly efficient in the sense that cases are decided within a relatively short period of time, but as a result, it is claimed, the quality of adjudication suffers. The authors also explain that ‘case management’ is understood differently in China when compared with Western countries. Case management in China is a process that is organised on a hierarchical scale, leaving very limited freedom for individual judges to decide. From a Western perspective, there may be issues concerning the independence of judges, whereas the existing system of monitoring cases is also problematic from the perspective of the litigants, since their interests are disregarded in the current case management system. The authors argue for a change in the existing system in order to provide China with a justice system that is in line with current economic conditions.

Keywords

Legal Representative Civil Procedure Property Preservation Civil Case Supreme People 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

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Copyright information

© Springer Science+Business Media Dordrecht 2014

Authors and Affiliations

  1. 1.Tsinghua UniversityBeijingPeople’s Republic of China
  2. 2.Peking UniversityBeijingPeople’s Republic of China

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