Civil Justice in China

Fu Y., Meng X. CIVIL JUSTICE IN CHINA. BRICS Law Journal. 2016;3(4):94-124.

31 Pages Posted: 3 Mar 2017

See all articles by Yulin Fu

Yulin Fu

Peking University

Xing Meng

Peking University

Date Written: 2016

Abstract

This article presents a basic and comprehensive introduction of Chinese civil justice. It gives a complete picture of Chinese civil justice, including the brief history, the court and judge system, the outline of the procedure, and the internationalization. Through the introduction, one can find that Chinese civil procedure law is a mixture of Soviet procedural concept, Chinese local culture, and western procedural concept and rules. It is still a developing procedure and experiences a process from resisting western procedural concept to gradually accepting and learning from it. It used to be a supra-inquisitorial trial model with overwhelming focus on conciliation, but is now transforming to a party disposition trial model with preference to conciliation under the premise of voluntariness. With the globalization of economy, the international cooperation of China, especially with the BRICS countries, will also become more and more important.

Keywords: China law, civil procedure, court system, civil justice, conciliation

Suggested Citation

Fu, Yulin and Meng, Xing, Civil Justice in China (2016). Fu Y., Meng X. CIVIL JUSTICE IN CHINA. BRICS Law Journal. 2016;3(4):94-124.. Available at SSRN: https://ssrn.com/abstract=2925361

Yulin Fu (Contact Author)

Peking University ( email )

No. 38 Xueyuan Road
Haidian District
Beijing, Beijing 100871
China

Xing Meng

Peking University ( email )

No. 38 Xueyuan Road
Haidian District
Beijing, Beijing 100871
China

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