Who Can Serve as Judges in China?
Law graduates, public civil servants, staff members of the Communist Party of China (CPC) and veterans are the main sources of candidates for judges in China.
Posts tagged with How Chinese Courts Work
How Chinese Judges Deal with Foreign Litigants Who Don’t Understand Chinese?
Foreign litigants are not allowed to use foreign languages in Chinese courts, but can request the court to provide an interpreter and/or a translator to translate their language into Chinese.
Thanks to Audio/Video Recording, "Sloths" May No Longer Needed in China's Courts
In a Chinese court, a lawyer is speaking at a speed ten times slower than normal. Why?
No, You Can't Ignore Responses of China’s Supreme People’s Court
The Supreme People's Court (SPC) of China makes a number of responses to guide local courts in making decisions for the recognition and enforcement of foreign arbitral awards in specific cases. Are these responses binding on for a court when deciding subsequent cases?
Case Files Show Another Side of Chinese Litigation
In the hierarchical structure of Chinese courts, the courts manage cases and supervise judges by making and transferring case files. Therefore, case files show the most real aspect of Chinese litigation.
Chinese Courts Trapped in the Inefficient Service of Process in Civil Cases
In China, service of process not only occupies a significant number of resources of the courts, but also delays the progress in case hearing. Why?
Chinese Judges Learning How to Write Reasons for Judgment
China’s Supreme People's Court (SPC) is prompting judges to explain their reasons as carefully as possible in judgment writing.
Performance Appraisal: A Decisive Factor in Chinese Judges’ Behavior Patterns
Chinese courts have developed a performance appraisal system to measure judges’ performance. If you want to establish reasonable expectations about how Chinese judges hear cases, the role of this system should not be overlooked.
Chinese Courts Facing Litigation Explosion
Chinese courts have been facing a litigation explosion in the recent five years, which has caused work overload to judges. Dealing with litigation explosion has now become one of the top priorities for the supreme court and local courts in China.
What Is the Difference between Litigation and Arbitration in China?
The most important difference between litigation and arbitration in China is that judges and arbitrators have different ways of thinking.
How Chinese Judges Think
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.
Courts in China's Judicial Reform (The Third-round Judicial Reform During 2014-2017)
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
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?
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.
Why Is the Judicial Accountability System the Cornerstone of China’s Judicial System Reform?
China’s Supreme People’s Court (SPC) tries to empower judges to exercise adjudicative power independently while taking more measures to supervise the trial work.
The Roles of Chinese Court Presidents
Compared with their counterparts in other countries, the court presidents in China play a far more complicated role. They have to act as excellent administrators and politicians before acting as legal experts.
The Case-Instructing System in Chinese Courts
Chinese judges having doubts on specific issues in the trial work will seek for opinions of higher courts (appellate courts) and shall render judgments in accordance with the reply opinions.
Domestic Judges and International Law in the Practice of China
Mr. Ma Xinmin (马新明), Deputy Director-General of the Department of Treaty and Law of Ministry of Foreign Affairs of P.R.C., introduced the important role of the Chinese judges in ensuring the compliance and clarification of the rules of international law and promoting international judicial cooperation and the codification of international law.
The Hierarchical Chinese Courts
Chinese courts at various levels, to some extent, are part of the administrative bodies in the national hierarchy, rather than just a judicial organ with the sole responsibility of adjudicating cases.