The 2011 Regulation on the Causes of Civil Action of the Supreme People's Court of the People's Republic of China: A New Approach to Systemise and ... System: 5 (Schriften zum chinesischen Recht) - Hardcover

Yiliang, Dong; Hongyan, Liu; Pibler, Knut Benjamin

Hardcover

ISBN 10: 3110267608 ISBN 13: 9783110267600

Publisher: De Gruyter, 2017

Synopsis

In 2008 the Supreme People's Court (SPC) has promulgated the "Regulations on the Cause of Civil Action". The promulgation of the Regulations has significance in various regards. It clearly signals a new approach of the SPC to systemize and compile the status quo of the Chinese civil law system. With the Regulations the SPC aims to help lower courts and parties of legal actions to correctly apply the law. It further wants to collect accurate statistical information about court decisions and to gather these court decisions. The SPC ultimately intents to build a systematic collection of court decisions, which shall provide the people's courts with a reliable data base for reference in deciding cases in the future. This new approach of the SPC has deep impact on the understanding of the application of law in China as it undoubtedly reminds of the concept of writs in traditional English common law (i.e. types of action). The research compiled in this book is therefore going to the roots of the notion of law in China and to the relationship between claims arising from substantive law and the procedural arrangement to enforce these claims in civil procedure law.

About this title

About the Author

Yiliang DONG, Universität Hamburg; Hongyan LIU, Universität Hamburg; Knut B. Pißler, Max Planck Institute for Comparative and International Private Law in Hamburg.

From the Back Cover

In 2008 the Supreme People's Court (SPC) has promulgated the "Regulations on the Cause of Civil Action". The promulgation of the Regulations has significance in various regards. It clearly signals a new approach of the SPC to systemize and compile the status quo of the Chinese civil law system. With the Regulations the SPC aims to help lower courts and parties of legal actions to correctly apply the law. It further wants to collect accurate statistical information about court decisions and to gather these court decisions. The SPC ultimately intents to build a systematic collection of court decisions, which shall provide the people's courts with a reliable data base for reference in deciding cases in the future. This new approach of the SPC has deep impact on the understanding of the application of law in China as it undoubtedly reminds of the concept of writs in traditional English common law (i.e. types of action). The research compiled in this book is therefore going to the roots of the notion of law in China and to the relationship between claims arising from substantive law and the procedural arrangement to enforce these claims in civil procedure law.

Edition details

• Publisher: De Gruyter
• Publication date: 2017
• Language: English
• ISBN 10: 3110267608
• ISBN 13: 9783110267600
• Binding: Hardcover
• Number of pages: 127