This open access book aims to provide an initial but comprehensive roadmap for the Chinese civil litigation system. It starts with some basic concepts of the Chinese judicial system (e.g., court system, case numbering, hierarchical trial system, etc.) and runs through the entire process and most aspects of civil litigation cases (e.g., jurisdiction, service of process, rules of evidence, enforcement, representative actions, etc.). The first target audience for this book is lawyers outside of mainland China. For professors and law students, this book also serves as a window into the Chinese…mehr
This open access book aims to provide an initial but comprehensive roadmap for the Chinese civil litigation system. It starts with some basic concepts of the Chinese judicial system (e.g., court system, case numbering, hierarchical trial system, etc.) and runs through the entire process and most aspects of civil litigation cases (e.g., jurisdiction, service of process, rules of evidence, enforcement, representative actions, etc.).
The first target audience for this book is lawyers outside of mainland China. For professors and law students, this book also serves as a window into the Chinese judicial system in a short period of time. It is my hope that this book serves as a backdrop for additional observations of Chinese judicial practice, such as a review of recent cases.
Chenyang Zhang is a partner of Tian Yuan Law Firm. He specializes in dispute resolution, including litigation, arbitration, and alternative dispute resolution. Mr. Zhang is experienced in commercial background investigation and evidence collection. Prior to joining Tian Yuan Law Firm, Chenyang Zhang has worked with Yuanhe Partners and King & Wood Mallesons. Chenyang Zhang has extensive experience in commercial litigation, bankruptcy/insolvency matters, and intellectual property. Chenyang Zhang's clients include large-scale Chinese enterprises such as Sinopec, CNOOC, Industrial and Commercial Bank of China, Capital Airport Group, Cinda Investment, as well as trading and investment enterprises from the USA, Germany, Australia, India, Turkey, Brazil, UAE, Thailand, Malaysia, Singapore, and other countries or regions. Chenyang Zhang has represented his clients in over one hundred cases before the Supreme People's Court of China, other local courts, as well as arbitral institutions such as China International Economic and Trade Arbitration Commission.
Inhaltsangabe
Some Basic Concepts and Systems.- Jurisdiction.- Case Filing and Determination of the Adjudicatory Personnel.- Service of Court Documents.- Trial.- Evidence.- Class Action in China? - Representative Litigation.- Civil Public Interest Litigation.- Property Preservation and Act Preservation.- Enforcement.- Settlement and Mediation.
Some Basic Concepts and Systems.- Jurisdiction.- Case Filing and Determination of the Adjudicatory Personnel.- Service of Court Documents.- Trial.- Evidence.- Class Action in China? - Representative Litigation.- Civil Public Interest Litigation.- Property Preservation and Act Preservation.- Enforcement.- Settlement and Mediation.
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