Home › Civil Liability & Procedure › Civil Procedure

Civil Procedure

Procedure of Initiation of the Case via Internet

Submitted by Zhong Yi on Tue, 03/17/2009 - 20:28

It has been introduced in the Article To Be a Tech-Lawyer that America, as the representative of western countries, has made great progress of digitalized litigation procedure. Now, Shanghai courts have made the substantial progress in the same. Especially, the Procedure of Initiation of the Case via Internet greatly facilitates litigation activities. 

The Procedure of Initiation of the Case via Internet in Shanghai courts canceled the method previously used that the plaintiff had to meet with the judge after the materials were preliminary examined on Internet. It's the first time all procedures of initiation of the case can be finished via Internet. The following chart illustrates our understanding of the Procedure of Initiation of IP Cases via Internet:

»

Procedure Law And Court Rules

Authored by: Luo Wei   Source:chinalawinfo.com

Table of Contents  
    I.Legislative History
    II.Distinctive Characteristics of Chinese Civil Procedure Law
    1.Trial Independent Resting in Courts not Judges or Benches
    2.Two Trials to Conclude a Case 
    3.Procuracies'Supervision of Civil Adjudication
    

»

Time Limit —— the Key to the Lawsuits

Submitted by Zhong Yi on Fri, 05/23/2008 - 22:39

With the development of China’s economy, more and more foreign investment enters into the domestic market. Foreign investors may be looking forward to sharing the achievements of the development of China’s economy, or they may have already had business in China. However, things won’t remain propitious forever. Foreign investors have to deal with lawsuits in China. They are generally in a disadvantaged position for that they are not quite clear about Chinese laws.

»

On the newly-revised Civil Procedural Law

Submitted by Zhong Yi on Mon, 11/12/2007 - 15:00

Author: Zhong Yi, Thomas

The newly-revised Civil Procedural Law was adopted by the Decision of the Thirtieth Session of the Standing Committee of the tenth People's Congress on Amending the Company Law of the Peoples Republic of China on October 28, 2007 and shall come into force upon April 4, 2008. Great revision on the re-trial system and the execution system has been made in the newly-revised Civil Procedural Law. For one thing, as far as re-trial system is concerned, with the purpose of resolving problems in the process of appealing, two aspects are emphasized particularly on in the newly-revised Civil Procedural Law:
1. to perfect the procedure of applying for re-trial to make it more public, reasonable ; and in contrast to the former, the importance of due process is all the more emphasized in the newly-revised Civil Procedural Law;
2. to perfect legal reasons for applying for re-trial, which are embodied in Clause 179 in the newly-revised Civil Procedural Law.

»
Back to Top
Syndicate content