Ius Gentium: Comparative Perspectives on Law and Justice

Civil Litigation in China and Europe

Essays on the Role of the Judge and the Parties

Editors: van Rhee, C.H., Fu, Yulin (Eds.)

  • Provides a critical evaluation of Chinese Civil
  • Procedure in English by Chinese legal scholars
  • Discusses measures to fight court delay in civil litigation in a large number of jurisdictions in Europe and China
  • Covers latest developments on reforms in civil litigation in a large number of jurisdictions​
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  • ISBN 978-94-007-7666-1
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Hardcover $129.00
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Softcover $129.00
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  • Customers within the U.S. and Canada please contact Customer Service at 1-800-777-4643, Latin America please contact us at +1-212-460-1500 (Weekdays 8:30am – 5:30pm ET) to place your order.
  • Due: November 3, 2016
  • ISBN 978-94-024-0282-7
  • Free shipping for individuals worldwide
About this book

This volume addresses the role of the judge and the parties in civil litigation in mainland China, Hong Kong and various European jurisdictions. It provides an overview and an analysis of how these respective roles have been changed in order to cope with growing caseloads and quality demands. It also shows the different approaches chosen in the jurisdictions covered.

Mainland China is introducing far-reaching reforms in its system of civil litigation. From an inquisitorial procedure, in which the parties play a relatively minor role, the country is changing to a more adversarial system with increased powers for the parties. At the same time, case management and the role of the judge as it is understood in mainland China remains different from case management and the role of the judge in Western countries, mainly as regards the limited powers of individual Chinese judges in this respect. Changes in China are justified by the ever-increasing case load of the Chinese courts and the consequent inability to deal with cases in an adequate manner, even though generally speaking Chinese courts still adjudicate civil cases within a relatively short time frame (this may, however, be problematic when viewed from the perspective of the quality of adjudication).

Growing caseloads and quality concerns may also be observed in various European states and Hong Kong. In these jurisdictions the civil procedural systems have a relatively adversarial character and it is some of the adversarial features of the existing systems of procedure which are felt to be problematic. Therefore, the lawmakers have opted for increasing the powers of the judge, often making the judge and the parties mutually responsible for the proper conduct of civil cases.

Starting from opposite directions, mainland China and the various European states and Hong Kong could meet half way in their reform attempts. This is, however, only possible if a proper understanding is fostered of the developments in these different parts of the World. Even though in both China and Europe the academic community and lawmakers are showing a keen interest in the relevant developments abroad, a study addressing the role of the judge and the parties in civil litigation in both China and Europe is still missing. This book aims to fill this gap in the existing literature.

Table of contents (17 chapters)

  • The Role of the Judge and the Parties in Civil Litigation in China and Europe: An Introduction

    Rhee, C. H. (Remco) (et al.)

    Pages 1-7

  • China: Mainland. Efficiency at the Expense of Quality?

    Yaxin, Wang (et al.)

    Pages 11-37

  • Case Management in China’s Civil Justice System

    Yanmin, Cai

    Pages 39-58

  • From ‘Trial Management’ to ‘Case Management’

    Fuhua, Wang

    Pages 59-68

  • China: Hong Kong. Selective Adoption of the English Woolf Reforms

    Chan, Peter C. H. (et al.)

    Pages 71-125

Buy this book

eBook $99.00
price for USA (gross)
  • ISBN 978-94-007-7666-1
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $129.00
price for USA
  • ISBN 978-94-007-7665-4
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
Softcover $129.00
price for USA
  • Customers within the U.S. and Canada please contact Customer Service at 1-800-777-4643, Latin America please contact us at +1-212-460-1500 (Weekdays 8:30am – 5:30pm ET) to place your order.
  • Due: November 3, 2016
  • ISBN 978-94-024-0282-7
  • Free shipping for individuals worldwide
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Bibliographic Information

Bibliographic Information
Book Title
Civil Litigation in China and Europe
Book Subtitle
Essays on the Role of the Judge and the Parties
Editors
  • C.H. van Rhee
  • Yulin Fu
Series Title
Ius Gentium: Comparative Perspectives on Law and Justice
Series Volume
31
Copyright
2014
Publisher
Springer Netherlands
Copyright Holder
Springer Science+Business Media Dordrecht
eBook ISBN
978-94-007-7666-1
DOI
10.1007/978-94-007-7666-1
Hardcover ISBN
978-94-007-7665-4
Softcover ISBN
978-94-024-0282-7
Series ISSN
1534-6781
Edition Number
1
Number of Pages
X, 362
Number of Illustrations and Tables
2 illustrations in colour
Topics