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By Meng Yu &  Guodong Du  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. After accepting the parties’ application for case docket, Chinese courts will assign the case to a judge (case hearing by a sole judge) or several judges (case hearing by a collegial panel). In practice, the court…
By Meng Yu &  Guodong Du  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.  In a previous post, the CJO has introduced the perjury in Chinese civil litigation. This post will specifically introduce two kinds of perjury, namely, false testimonies of witnesses and false statements of the parties.  In China’s…
By Meng Yu &  Guodong Du  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.  1. Perjury in Civil Litigation  In Chinese civil litigation practice, “the phenomenon of false evidence provided by the parties is quite serious, which greatly reduces the efficiency in determining the facts, and also, to some extent, increases the risk…
By Meng Yu &  Guodong Du Judges of China’s Supreme People’s Court (SPC) discussed how China could promote international cooperation in the future in recognition and enforcement of foreign judgments. In their latest article, the SPC judges Zhang Yongjian (张勇健) and Yang Lei (杨蕾) proposed some enlightening ideas for the recognition and enforcement of foreign judgments, such as: to sign multilateral memorandums based on the Standing International Forum of Commercial Courts (SIFoCC), to sign regional…
By Meng Yu &  Guodong Du  At 10 p.m., I got a judge’s call from his office, informing me about the trial date of a case of mine. I was so surprised that he was still in the office so late. “We work late into the night four days a week,” the judge replied in a tired voice.  Making judges work overtime is one of the means for Chinese courts to cope with litigation
By Meng Yu &  Guodong Du  Law graduates, public civil servants, staff members of the Communist Party of China (CPC) and veterans are the main sources of candidates for judges in China.  The ongoing judicial reform of Chinese courts is trying to establish a new system for the election of judges. Before the new system is completed, the judges in China currently still come mainly from the aforementioned sources. We will have a special…
Chenyang Zhang On the basis of Chinese traditional judicial system, recent years have seen many newly established Chinese courts. Therefore, it seems difficult for those who are unfamiliar with China’s court system to have a comprehensive understanding of the Chinese court system. In this regard, we depict this latest structure of China court hierarchy. I The four-level system of Chinese courts Chinese courts are divided into four levels and presidents of Chinese courts at different…
Shuo Jiang For many US Dollar funds investing in China, Hong Kong International Arbitration Center (HKIAC) is usually mutually agreed as the seat of arbitration in the dispute resolution clause of the investment agreement. However, in fact, when a dispute occurs, both the investor and the investee find that the HKIAC is not the best institution to resolve such dispute. Therefore, they seek to invalidate such arbitration clauses in Chinese courts. 1. Why do US…
Dennis (Yongquan) Deng As a lawyer, I have been to court for many years and have accumulated experience and lessons. With more and more experience and fewer and fewer lessons, I think I can write something that can be entitled “Successful Experience” rather than “Successful Lessons”. Related Posts by Dennis Deng: Safety and Efficiency, the Interests of Judges: Success in the Chinese Courtroom In the 30 years of frenzied pursuit of money, most people think that…
By Meng Yu &  Guodong Du  Foreign litigants are not allowed to use foreign language in Chinese courts, but can request the court to provide an interpreter and/or translator to translate their language into Chinese. Pursuant to the PRC Civil Procedure Law (CPL), the language and characters commonly used in China shall be used when Chinese courts hear a foreign-related civil case, but the litigants may request interpreter and/or translation services at their own…