Sun, 15 Nov 2020 Insights Meng Yu 余萌
In March 2019, Xiangyang Intermediate People's Court, Hubei Province, rendered a ruling to recognize the damages awarded by a Polish criminal judgment in Santint Poland Sp. zo.o.v. Zhang pawuleikedan.
Insight: China Justice 中国司法洞察
Sat, 07 Nov 2020 Insights Guiqiang LIU 刘桂强
When it comes to the stage of recognition and enforcement, limitation period is a decisive factor but can be easily ignored by the winning parties.
Sat, 07 Nov 2020 Insights Guodong Du 杜国栋 , Meng Yu 余萌
For Chinese judges, discovering similar cases is an unfamiliar and challenging task. However, the Guiding Case System(指导性案例制度) and the Similar Case Retrieving System(类案检索制度) established respectively in 2010 and 2020 have required them to face up to this task.
Fri, 30 Oct 2020 Insights CJO Staff Contributors Team
Yes, AI-created works can be copyrighted in China, as a local court in Shenzhen ruled recently in Shenzhen Tencent Computer System Co., Ltd. v. Shanghai Yingxun Technology Co., Ltd (2019).
Sun, 25 Oct 2020 Insights Guodong Du 杜国栋 , Meng Yu 余萌
China refused to recognize and enforce two Uzbekistan judgments in 2011 and 2014 respectively, all because of the service of process inconsistent with the bilateral judicial assistance treaty.
Sat, 24 Oct 2020 Insights Guodong Du 杜国栋 , Meng Yu 余萌
China's Supreme Court issued the Implementing Rules of the Provisions on Case Guidance (《关于案例指导工作的规定》实施细则) in May 2015, which clarified the details of how the Guiding Case System works.
Sun, 18 Oct 2020 Insights Chenyang Zhang 张辰扬 , Zhuo Yiwei 卓懿伟
The parties can engage expert assistants(专家辅助人) — or "China’s expert witness" as dubbed by some people — to help them express opinions on professional issues. Although the relevant rules of expert assistant need to be improved, the parties can give it a try to strengthen the persuasion of their opinions.
Thu, 15 Oct 2020 Insights Jian Zhang 张建
Today, 15 Oct. 2020, the International Commercial Dispute Prevention and Settlement Organization (ICDPASO, 国际商事争端预防与解决组织) has been established in Beijing, China. As a non-governmental international organization, ICDPASO will provide legal services including commercial arbitration, commercial mediation, investment arbitration and dispute prevention for countries/regions around the globe.
Sun, 11 Oct 2020 Insights Guodong Du 杜国栋 , Meng Yu 余萌
Where do China's Guiding Cases (指导性案例) come from? Provisions on Case Guidance were issued by the SPC in 2010 as a first step towards establishing the Guiding Case system.
Sun, 11 Oct 2020 Insights Chenyang Zhang 张辰扬 , Ran Ren 任冉
"The burden of proof lies with the party asserting a proposition" (谁主张，谁举证) is a primary rule of burden of proof in China's judicial proceedings. Nevertheless, the rule is not unchangeable.