China’s Developmental State and the Challenge of Formal Process
Supreme Court Law Review, Vol. 49, pp. 361, Second Series, 2010.
Posted: 5 Apr 2012
Date Written: 2010
Through the analysis of one recent pharmaceutical injury case, this article analyzes the progress of Chinese civil litigation and predicts the role of civil litigation in China’s developing economy. Its thesis is that, while ordinary litigation will likely be litigated by private parties and adjudicated by the courts in China, litigation of greater public significance will follow the “new developmental state” model with greater state involvement. This will be reflected in the civil procedure rules that are adopted and adapted to accommodate state intervention. In other words, civil litigation and procedure will follow two tracks, depending upon the scope and the importance of the subject matter. It is essentially a “one country, two systems” phenomenon, transported to the legal arena.
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