Abstract
Form often proves more important than content. Procedural law can have greater legal impact than substantive law. This chapter presents a detailed analysis of China’s civil procedural law (with administrative law covered in Chapter 8). As private law cases have eclipsed all other types of law, China has considerably improved the civil procedures litigant’s need and ability to bring those cases to court.
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Notes
China does have fundamental general procedural laws—the General Principles of the Civil Law (containing relatively brief provisions on many areas of private law) and the General Principles of the Criminal Law (GPCL). However, their importance has waned as individual pieces of legislation addressing specifc areas of law have been passed. Almost a decade ago, Chen claimed that “in many areas such as contract and property, and the GPCL has been increasingly out of date” (338). That is even truer today. Chen, Jianfu, Chinese Law: Context and Transformation. Boston/Leiden: Martinus Nijhoff Publishers, 2008.
See the lecture made by Jihua Hu, a legislator with the NPCSC, as quoted in “Minutes of Conferences on the Amendment to the Civil Procedure Law,” by Xiuqing Yang and Li Zhang, Civil Procedure Law Journal (Minshichengxufa) 9 (2011): 212.
For illustration of the principle under the Civil Procedure Law, see Qiugui Tan, “Comments on the Amendment to the Civil Procedure Law,” Justice of China 44, no. 11 (2012): 44–9.
Weiping Zhang, “Amendment to the Civil Procedure Law and the Improvement of Civil Evidence System,” Journal of Soochow University 34, no. 3 (2012): 34–42.
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© 2016 Chuan Feng, Leyton P. Nelson, and Thomas W. Simon
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Feng, C., Nelson, L.P., Simon, T.W. (2016). Civil Procedure. In: China’s Changing Legal System. Palgrave Macmillan, New York. https://doi.org/10.1057/9781137452061_4
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DOI: https://doi.org/10.1057/9781137452061_4
Publisher Name: Palgrave Macmillan, New York
Print ISBN: 978-1-349-55602-1
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