Tue, 29 May 2018 Insights Guodong Du 杜国栋 , Meng Yu 余萌
In 2017, China’s Supreme People’s Court (SPC) issued the “Outline of the Judicial Protection of Intellectual Property in China (2016-2020)”, indicating what Chinese courts would do to enhance the protection of intellectual property rights in the next five years.
Thu, 24 May 2018 Insights Guodong Du 杜国栋 , Meng Yu 余萌
In April 2018, Shanghai High People’s Court issued the white paper on “Juridical Protection for IP Rights of Shanghai Courts in 2017” (2017年上海法院知识产权审判白皮书).
Sun, 20 May 2018 Insights Guodong Du 杜国栋 , Meng Yu 余萌
Do you wonder what a Chinese court is like? How is a trial proceeding in a Chinese court? Now you are able to watch the live broadcast of the court trial online.
Thu, 03 May 2018 Insights Guodong Du 杜国栋 , Meng Yu 余萌
In modern China, there is an obvious increase in the number of female law students, lawyers and judges, which has surpassed the number of male professionals. Such an increase brings a unique feminization to China’s law profession.
Sun, 29 Apr 2018 Insights Guodong Du 杜国栋 , Meng Yu 余萌
In China, Courts are in charge of enforcing effective legal instruments, such as judgments/rulings in civil cases and arbitral awards. Within the Court, an enforcement department is responsible for organizing and handling enforcement work.
Mon, 23 Apr 2018 Insights Yongping XIAO 肖永平
Chinese expert Prof. Yongping Xiao indicates, if China wishes to promote the Belt and Road Initiative (BRI), improvements in the international credibility of the Chinese judiciary is required.
Thu, 19 Apr 2018 Insights Guodong Du 杜国栋 , Meng Yu 余萌
In order to urge the judgment debtor to fulfill the payment obligation determined in an effective legal instrument and also to prevent his/its property from being reduced by consumption, Chinese courts may restrict the judgment debtor on high-level consumption as well as the relevant consumption not necessary for livelihood or business operation.
Wed, 11 Apr 2018 Insights Guodong Du 杜国栋 , Meng Yu 余萌
The service procedure is one of the key matters reviewed by Chinese courts in the recognition and enforcement of foreign judgments. There is no specific stipulation in China, at present, about how to review the procedure of services. Nevertheless, we attempt to learn the practices by Chinese courts from relevant decided cases.
Sat, 31 Mar 2018 Insights Guodong Du 杜国栋 , Meng Yu 余萌
If a judgment debtor refuses to fulfill the obligations specified in a legal document, a Chinese court may take the following fourteen (14) execution measures.
Sun, 25 Mar 2018 Insights Guodong Du 杜国栋 , Meng Yu 余萌
Chinese courts have long been perplexed by the problem of how to accurately ascertain and apply foreign law. There is a tendency to apply the lex fori, i.e., Chinese law, which is familiar to Chinese judges, on the grounds of failure to prove the foreign law, due to the fact that the judges lack convenient means in ascertainment.