This post explores how the online electronic data preservation business is run in China, what problems exist and how it will develop in the future.
In China, recent years have witnessed an increasing number of Internet-related disputes, which renders the issue of electronic evidence unavoidable in Chinese courts.
Chinese courts are studying how to protect the parties’ trade secrets from disclosure during litigation.
How do Chinese courts determine the types of disputes, i.e., the causes of action("案由"), in civil cases? What can we know from the causes of action?
For a long time, Chinese courts have assigned cases to judges by their own dedicated personnel. Now, Chinese courts are trying to replace the traditional practice with a random case assignment mechanism.
False testimonies of witnesses and false statements of the parties are very common in Chinese civil litigation, which generally undermines the trust of judges in what witnesses and the parties say.
Perjury is very common in China's civil litigation, and yet it is difficult for judges to punish perjurers, which consequently affects the judges' way of thinking in the fact-finding.
Chinese judges work overtime to deal with the litigation explosion, which might render litigation less competitive than arbitration in China.