Mon, 30 Jan 2023 China Legal Trends CJO Staff Contributors Team
In January 2023, a local Chinese court in Hunan Province issued the first “Community Property Declaration Order” in China. The Community property declaration mechanism may, to some extent, protect the wives’ property rights in the family.
Sun, 01 Jan 2023 Insights Guodong Du 杜国栋
What is the best way in online litigation and digital justice? Centralized or Decentralized? Chinese courts keep exploring the best solutions in different fields.
Tue, 20 Dec 2022 China Legal Trends CJO Staff Contributors Team
In November 2022, China’s Supreme People’s Court issued the Provisions on Several Issues Concerning the Jurisdiction of Foreign-Related Civil and Commercial Cases, which concentrates the jurisdiction of such cases, originally under several primary courts, now in one primary court.
Tue, 13 Dec 2022 China Legal Trends CJO Staff Contributors Team
In October 2022, China’s Supreme People’s Court issued the “Opinions on Regulating the Operating Mechanism of Collegial Panels”, which formulates new comprehensive rules for collegial panels based on previous practices.
Mon, 15 Aug 2022 China Legal Trends CJO Staff Contributors Team
In July 2022, the Beijing Fourth Intermediate People’s Court held a press briefing to introduce its trial of foreign-related commercial cases in 2018-2022 and released ten typical cases.
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.