How Chinese Courts Work
The post takes a second look at the adjudication committee, exploring the necessity of its existence and current reform.
Don't forget about the series of formality requirements, apart from pleadings and evidence, so as to get ready for the civil litigation in China.
China's Supreme Court released its first batch of special research results on "Similar Case Retrieval and Adjudication Rules of Chinese Courts" On 27th Nov. 2019.
Shanghai High Court released the 2018 White Paper on the Trial of Financial Cases in Shanghai Courts in Chinese and English versions.
The Adjudication Committee Series explains how China's Supreme court has reformed this institution step by step.
When the tribunal is uncertain about an ongoing case due to its complexity, it may request other judges within the court to hold a meeting, i.e. the Judges' Meeting, to discuss the case and provide suggestions therefor.
In China, the court's adjudication committee often participates in the trial of complicated cases, but its opinion will not be presented in the judgment prepared by the tribunal. The Supreme People's Court is trying to change this situation.
Justice Jiang Bixin (江必新) of China's Supreme People's Court (SPC) points out that Chinese judges shall think differently when handling commercial cases and civil cases. And now they are trying to think like a businessman in commercial cases.
Chinese courts are studying how to protect the parties’ trade secrets from disclosure during litigation.