Sun, 26 Dec 2021 Insights Guodong Du 杜国栋 , Meng Yu 余萌
With a major overhaul of China’s trial system, the ongoing reform will grant higher courts greater discretion to decide to hear the first-instance cases from its lower courts, so as to ensure that judges are impartial and independent of local authorities.
Sun, 17 Oct 2021 Insights Guodong Du 杜国栋
Under China’s People's Assessors Law, the assessors in a seven-person collegial bench can only participate in the fact-finding, but not the application of law. The newly issued replies from the SPC and MOJ clarify how the collegial bench shall produce a list of issues on the fact-finding, so as to sure the proper distinction between legal matters and factual matters.
Sun, 01 Aug 2021 Insights Guodong Du 杜国栋
Technically, Yes, but it's rare. To date, only dozens of lawyers have joined the bench in China.
Sun, 31 Jan 2021 Insights Guodong Du 杜国栋
In China, court conference summary, though not binding, can serve as guidance to the judges in their trials. In essence, it is more of a consensus of the majority of judges, similar to 'prevailing opinion' (herrschende Meinung).
Sun, 04 Oct 2020 Insights Guodong Du 杜国栋
China's current judge system began to take shape after the end of the Cultural Revolution (1978), and the judicial reform initiated in 2014 has accelerated its evolution.
Sun, 31 May 2020 Insights Guodong Du 杜国栋
China's judiciary comprises of courts, procuratorates, supervisory commissions, and two other governmental organs—public security organs and judicial administrative organs.
Sun, 24 May 2020 Insights China Laws Portal Team
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.
Sat, 25 Apr 2020 Insights Guodong Du 杜国栋
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.
Sun, 12 Apr 2020 Insights China Laws Portal Team
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.
Sat, 11 Apr 2020 Insights Guodong Du 杜国栋
Though not binding, judicial documents issued by the Supreme People's Court (SPC) are highly persuasive for Chinese courts nationwide.