PRC Foreign Investment Law makes it clear that the foreign indirect investment should also be put under regulation, but fails to provide a clear definition of and the criteria for determining indirect investment.
To participate in China's judicial proceedings, it is vital to understand the time limit system for presenting evidence. Although the evidence is still very much likely to be admitted by the court even if its presentation is delayed and may incur court punishment, the parties should try the best to present evidence on time.
In Chinese judicial practices, unless the jurisdictional clause clearly stipulates that is "non-exclusive", it is more likely that the agreement of jurisdiction would be deemed as "exclusive".
Academy for the Rule of Law at China University of Political Science and Law
中国政法大学全面依法治国研究院
As of 30 Aug. 2020, over 100 million judgments are freely available on China Judgments Online, with a total of 48 billion visits.
In 2020, Chenzhou Intermedia People's Court in Hunan Province dismissed an application for enforcing a Myanmar judgment, due to lack of the original or a certified copy of the foreign judgment. This is the first reported case where a Chinese court accepted a case on recognition and enforcement of Myanmar money judgments.
It is illegal to fire someone for being transgender, says a Beijing court. Being one of the few reported LGBTQ cases in China, this is the first court decision to our knowledge in which the legitimate rights of transgender workers are protected.
As of 30 Aug. 2020, over 100 million judgments are freely available on China Judgments Online, with a total of 48 billion visits.
In July 2020, Shenyang Intermediate People's Court in Liaoning Province rendered a ruling against enforcement of two South Korean judgments, due to the expiry of limitation period.
The Shanghai First Intermediate People's Court ruled in 2020 to recognize and enforce a judgment rendered by the Seoul Southern District Court of South Korea. Once again, the China-South Korea reciprocal relationship was confirmed, thus keeping the door wide open for more South Korean judgments.
The PRC Civil Code (中华人民共和国民法典) was adopted on 28 May 2020, and will take effect on 1 Jan., 2021.
China's judiciary comprises of courts, procuratorates, supervisory commissions, and two other governmental organs—public security organs and judicial administrative organs.
The PRC Organic Law of the People's Courts(人民法院组织法) helps us to gain a better understanding of China's court system and the internal structure of Chinese courts.
B.F.I.P.C., the most renowned court in China that has jurisdiction over foreign-related cases, can be seen as the counterpart of the US District Court for the Southern District of New York in China.
The PRC Judges Law(中华人民共和国法官法) was enacted in 1995 and amended three times respectively in 2001, 2007 and 2019.
China's Procurators Law(中华人民共和国检察官法) was enacted in 1995 and amended three times respectively in 2001, 2007 and 2019.
"What changes are taking place, and why?" Judge Hu Shihao (胡仕浩), director of the judicial reform office of China's Supreme Court presents his views on it.
China's Supreme People's Court has been reshaping the Chinese court system since the 2014 judicial reform. One key question to be answered: what does the SPC want?
The post takes a second look at the adjudication committee, exploring the necessity of its existence and current reform.
On 21st Sept. 2019, the Third ''Research and Application of Legal Big Data'' Seminar was held in Nanjing, China. At the seminar, participants discussed the latest development of big data and artificial intelligence in the judicial field in China.
How does Hangzhou Internet Court hear cases online and use electronic evidence?
Beijing Internet Court's first-anniversary review.
Beijing Internet Court issued a White Paper on technology in August 2019, introducing its progress in the IT system.
Sun, 20 Sep 2020 Insights Xiaodong Dai 戴晓东
PRC Foreign Investment Law makes it clear that the foreign indirect investment should also be put under regulation, but fails to provide a clear definition of and the criteria for determining indirect investment.
Sun, 20 Sep 2020 Insights Chenyang Zhang 张辰扬 , Xuan Zhao 赵暄
To participate in China's judicial proceedings, it is vital to understand the time limit system for presenting evidence. Although the evidence is still very much likely to be admitted by the court even if its presentation is delayed and may incur court punishment, the parties should try the best to present evidence on time.
Thu, 17 Sep 2020 Insights Zilin Hao 郝梓林
In Chinese judicial practices, unless the jurisdictional clause clearly stipulates that is "non-exclusive", it is more likely that the agreement of jurisdiction would be deemed as "exclusive".
Sun, 13 Sep 2020 News Guodong Du 杜国栋 , Meng Yu 余萌
As of 30 Aug. 2020, over 100 million judgments are freely available on China Judgments Online, with a total of 48 billion visits.
Sun, 13 Sep 2020 Insights Guodong Du 杜国栋 , Meng Yu 余萌
In 2020, Chenzhou Intermedia People's Court in Hunan Province dismissed an application for enforcing a Myanmar judgment, due to lack of the original or a certified copy of the foreign judgment. This is the first reported case where a Chinese court accepted a case on recognition and enforcement of Myanmar money judgments.
Sun, 13 Sep 2020 Insights Chenyang Zhang 张辰扬 , Ran Ren 任冉
The technical examination officer (TEO) is a trial assistant to assist the judge in finding out technical facts of the case. Like the expert in authentication, the TEO is a neutral third party but has closer communication with judges.
Mon, 07 Sep 2020 Insights Guodong Du 杜国栋 , Meng Yu 余萌
The judges of Beijing Internet Court have summarized the interesting oddities they encountered in online trials and shared the stories through comics.
Mon, 07 Sep 2020 Insights Guodong Du 杜国栋
In China, courts in Lin-gang Special Area of Shanghai Pilot Free Trade Zone will take a far more liberal attitude than other local courts when hearing international commercial disputes.
Mon, 31 Aug 2020 Insights Meng Yu 余萌
This study, commissioned by China International Commercial Courts (CICC), provides an assessment of force majeure rules in multiple jurisdictions. Seven study reports are available online.
Mon, 31 Aug 2020 Insights Chenyang Zhang 张辰扬 , Xuan Zhao 赵暄
In China, can a witness be spared appearing in court? Does cross-examination exist in Chinese courts? Here's what we need to know about witnesses and witness testimony in China's civil litigation.
Mon, 31 Aug 2020 Insights Guodong Du 杜国栋
For disputes arising from an administrative agreement, you are allowed to choose any Chinese court, as long as the court has actual connections therewith.
Sun, 23 Aug 2020 Insights Guodong Du 杜国栋 , Meng Yu 余萌
In June 2020, China's Supreme Court issued the third COVID-19-related judicial document, addressing limitation period, force majeure as well as the trial of maritime cases and letter of credit cases.
Sun, 23 Aug 2020 Insights Guodong Du 杜国栋 , Meng Yu 余萌
In July 2020, Shenyang Intermediate People's Court in Liaoning Province rendered a ruling against enforcement of two South Korean judgments, due to the expiry of limitation period.
Sun, 23 Aug 2020 Insights Chenyang Zhang 张辰扬 , Ran Ren 任冉
In Chinese civil litigation, standards of proof can be categorized into two groups: most to-be-proved facts are subject to “preponderance of the evidence” standard, and some special to-be-proved facts subject to “beyond a reasonable doubt” standard.
Sun, 16 Aug 2020 Insights Guodong Du 杜国栋 , Xinzhu Li 李欣烛
The consolidated list provides website links of some major Chinese courts. We will keep the list updated and relevant.
Sun, 16 Aug 2020 Insights Guodong Du 杜国栋 , Meng Yu 余萌
In May 2020, China's Supreme Court issued the second COVID-19-related judicial document, addressing the issues in contract disputes, finance disputes, and bankruptcy cases.
Sun, 09 Aug 2020 Insights Dennis (Yongquan) Deng 邓永泉
As an arbitrator, I prepared a checklist as practice notes for the arbitration tribunals to examine arbitration claims.
Sun, 09 Aug 2020 Insights Guodong Du 杜国栋 , Meng Yu 余萌
In Apr. 2020, China's Supreme Court issued the first COVID-19-related judicial document, addressing the issues of force majeure, labor disputes, and limitation of action.
Sun, 09 Aug 2020 Insights Guodong Du 杜国栋
To learn more about Chinese legal and judicial system, you can visit the websites of official bodies and institutions, as well as news websites with official background.
Fri, 31 Jul 2020 Insights Guodong Du 杜国栋 , Meng Yu 余萌
In Dec. 2019, China's Supreme Court issued the second Belt and Road Initiative Opinions, introducing the “presumptive reciprocity” for the first time and addressing mutual enforcement of foreign judgments by international commercial courts.
