Abstract

http://ssrn.com/abstract=989977
 


 



International Civil Litigation in China: A Practical Analysis of the Chinese Judicial System


Mo Zhang


Temple University - James E. Beasley School of Law


Boston College International and Comparative Law Review, Vol. 25, No. 59, 2002

Abstract:     
International civil litigation in China is on the rise in recent years. This trend inevitably continues with China's entry into the World Trade Organization. Given increasing foreign engagement in doing businesses with China, a better understanding of the Chinese judicial system becomes essential in terms of protection of foreign business interests. Jurisdiction, choice of law and enforcement of judgment are three primary concerns of foreign parties seeking judicial relief and remedies in China. Questions commonly asked include: what are the bases for a Chinese people's court to assert jurisdiction over foreign parties; what are the standards to determine judicial competence; how a Chinese people's court decides which law is going to be applied in each particular case involving "foreign elements"; and whether a judgment could be effectively enforced and by what means. Fear that China lacks the rule of law and an independent judicial system produces hesitancy to conduct business in China and pursue legal rights. Creating the public confidence in the judiciary is one of China's most important tasks as it seeks to attract international business. Judicial independence and justice are major challenges facing the ongoing Chinese judicial reform.

Number of Pages in PDF File: 38

Keywords: International Civil Litigation, Chinese Law, Chinese Judicial System

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Date posted: June 3, 2007  

Suggested Citation

Zhang, Mo, International Civil Litigation in China: A Practical Analysis of the Chinese Judicial System. Boston College International and Comparative Law Review, Vol. 25, No. 59, 2002. Available at SSRN: http://ssrn.com/abstract=989977

Contact Information

Mo Zhang (Contact Author)
Temple University - James E. Beasley School of Law ( email )
1719 N. Broad Street
Philadelphia, PA 19122
United States
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