Tue, 04 Sep 2018 Insights Guodong Du 杜国栋 , Meng Yu 余萌
The post introduces one of the biggest difficulties encountered by Chinese courts in the trial of foreign-related civil and commercial cases: how to ascertain foreign law.
The Supreme People's Court (SPC, 最高人民法院) is China's Supreme Court .
As of Jun. 2017, the SPC has 367 judges.
The SPC’s main spheres of competence are to try cases and to issue judicial interpretations and cases, as follows:
1. The SPC handles the following cases:
(1) first-instance cases that are under the jurisdiction of the SPC or that it deems to be under its jurisdiction;
(2) cases of appeals or protests lodged against judgments and orders rendered by the high people's courts;
(3) cases of appeals or protests lodged pursuant to provisions of the Standing Committee of the National People's Congress;
(4) the retrial cases initiated in accordance with the adjudication supervision procedure;
(5) the death penalty cases submitted by the high people's courts for approval.
2. The SPC may give interpretations with respect to the issues concerning the law application in the judicial work and may issue guiding cases.
