Posts under category Insights

Similar Judgements for Similar Cases: Forces Driving Chinese Courts to Promote AI

• January 19, 2019
• Insights

Chinese courts hope to achieve the system of “similar judgments for similar cases” through AI technology, in order to ensure the effective supervision of trial activities.

Litigation Procedures of Chinese courts

• January 15, 2019
• Insights

A summary of China's civil procedures is listed below based on a time sequence. The specific time frames are underlined for easy reference.

Chinese Court Refuses to Recognize a French Judgment due to Lack of a Return Receipt

• January 12, 2019
• Insights

On 20 June 2017, a Chinese local court in Chenzhou, ruled against recognition of a French judgment on the ground that the applicant failed to submit a return receipt of the said judgment.

Chinese Court Refuses to Recognize an Israeli Judgment, but It Won’t Exert Further Influence

• January 11, 2019
• Insights

In June 2017, a court in Fujian Province, China, rendered a judgment against recognition of an Israeli judgment, but we believe that a similar case is very unlikely to happen again in the future. What’ more, we are optimistic that Chinese courts will possibly recognize and enforce the judgment of Israeli courts in the future.

What Is the Difference between Litigation and Arbitration in China?

• January 6, 2019
• Insights

The most important difference between litigation and arbitration in China is that judges and arbitrators have different ways of thinking.

How Chinese Judges Think

• January 4, 2019
• Insights

In trial activities, a Chinese judge will consider what kind of legal effect, social effect and political effect that may be incurred by a judgment to determine how to make a judgment.

Why Chinese Courts Put so Much Emphasis on Enforcement of Civil Judgments?

• December 29, 2018
• Insights

Why should Chinese courts try to resolve the enforcement predicament of civil judgments in two to three years (i.e., 2016-2018)? Justice Zhou Qiang (周强), president of China’s Supreme People’s Court (SPC), explained this in a report on 24 October 2018, and introduced what the Chinese courts did for this.

Chinese Courts Making Efforts to Ascertain and Apply Foreign Law

• December 23, 2018
• Insights

China's Supreme People's Court (SPC) has been pushing all courts across the country to ascertain and apply foreign law as much as possible in the last three years.

Chinese Courts Preparing for the Bankruptcy Wave Triggered by the China-US Trade War

• December 18, 2018
• Insights

China-US trade war may bankrupt many Chinese companies, and Chinese courts should get prepared as soon as possible.

China Establishes Three Internet Courts to Try Internet-Related Cases Online

• December 16, 2018
• Insights

Recently, China has established three Internet courts in Hangzhou, Beijing and Guangzhou. These courts will try Internet-related cases online, all of which are located in the most flourishing and prosperous area in the aspect of China’s Internet industry.

The Practice of Recognizing and Enforcing Foreign Arbitral Awards by Chinese Courts in 2015-2017

• December 8, 2018
• Insights

An empirical study, conducted by Prof. Liu Jingdong, analyzes China’s progress on recognition and enforcement of foreign arbitral awards since 2015, through a comparison between 81 cases in 2015-2017 and the pre-2015 replies issued by the Supreme People’s Court of China.

Judge Quota System: Tops the List of Concerns Among Judges in China’s Judicial Reform

• November 29, 2018
• Insights

The judge quota system refers to the system for determining the number of judges in the court. In the judicial reform, the SPC attempts to rationally determine the number of judges in each court in a scientific way and then select the right candidate to serve as a judge.

Hope in Sight：Recognition and Enforcement of Foreign Judgments in China Is No Longer a Dream

• November 22, 2018
• Insights

China's Supreme People's Court (SPC) is about to issue a significant judicial interpretation, stipulating the recognition and enforcement of foreign judgments in China. Judge Song Jianli (宋建立) (Judge of the SPC’s 4th Civil Division) introduced the content of the judicial interpretation.

Chinese Judges' Personal Rights Are Often Violated | Reading Notes of People's Court Daily

• November 17, 2018
• Insights

The protection of the personal rights of Chinese judges is one of the most concerned issues for them. From an investigation report made by Longyan Intermediate People's Court of Fujian Province, we can learn that the personal rights of Chinese judges are often violated. Now, the SPC is working hard to solve this problem.

The Door Is Open: Chinese Courts Recognized and Enforced a U.S. Judgment for the Second Time

• November 10, 2018
• Insights

Chinese courts recognized and enforced a U.S. judgment for the second time, indicating that U.S. judgments have begun to be recognized and enforced in China in a normalized way. Any U.S. judgment, whether made by a federal court or a state court, may be recognized and enforced in China.

How Chinese E-Justice works？

• November 4, 2018
• Insights

Chinese E-Justice(informationization of the court, 法院信息化)has become the two most important tasks of Chinese courts besides the judicial reform.

Courts in China's Judicial Reform (The Third-round Judicial Reform During 2014-2017)

• October 29, 2018
• Insights

The Supreme People's Court (SPC) of China has implemented many reform measures in the third-round judicial reform, which deeply affects the current operating mechanisms of Chinese courts. Therefore, if you want to know how Chinese courts work, you must understand what the SPC did in the third-round judicial reform.

Chinese Judges Shall Undergo Review and Approval Before Rendering Judgments

• October 20, 2018
• Insights

Before rendering a judgment, a Chinese judge shall undergo review and approval by his/her superiors, who haven't tried the case. This practice has existed in China until recently, when China’s Supreme People Court has ruled out the practice in part in the latest round of judicial reform (2014-2017).

How Judicial Discipline Works in China?

• October 15, 2018
• Insights

Improving the judicial accountability system, one of the most important measures in Chinese judicial reform, is supposed to hold judges accountable for life for cases they handle and to effectively discipline judges for misconduct. Prior to this, Chinese judges were never subject to such strict requirements.

China Established the Financial Court in Shanghai

• October 10, 2018
• Insights

The Shanghai Financial Court, the first court in China dedicated to hearing finance-related civil and administrative cases, was established on 20 August 2018.

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