International Civil Litigation in China: A Practical Analysis of the Chinese Judicial System
38 Pages Posted: 3 Jun 2007
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.
Keywords: International Civil Litigation, Chinese Law, Chinese Judicial System
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