Overview
- Offers a comparison between Chinese Supreme People’s Court and Western Supreme Courts
- Examines supreme courts in China, Europe, and Latin America
- Details ways to handle, and ultimately reduce, the overall caseload of these courts
- Includes supplementary material: sn.pub/extras
Part of the book series: Ius Gentium: Comparative Perspectives on Law and Justice (IUSGENT, volume 59)
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Table of contents (11 chapters)
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Front Matter
Keywords
- Supreme Courts
- Court of Cassation
- Revision in Civil Cases
- Constitutional Court
- Civil Procedure
- Access to Court
- Judicial Caseload
- Supreme People’s Court
- Chinese Law
- Court Organisation
- Supreme People’s Court of Mainland China
- Supreme Court of the United Kingdom
- Supreme Courts in the Nordic Countries
- Supreme Cassation Court of the Netherlands
- Supreme Cassation Court of Spain
- Supreme Courts in the German Speaking Countries
- Supreme Cassation Court of Chile
- Cour de Cassation of France
- Supreme Courts in Croatia and Slovenia
- Corte di Cassazione in Italy
About this book
This edited volume looks at supreme courts in China and the West. It examines the differences and similarities between the Supreme People’s Court of Mainland China and those that follow Western models. It also offers a comparative study of a selection of supreme courts in Europe and Latin America.
The contributors argue that the Supreme Courts should give guidance to the development of the law and provide legal unity. For China, the Chinese author argues, that therefore there should be more emphasis on the procedure for reopening cases. The chapters on Western-style supreme courts argue that there should be adequate access filters; the procedure of reopening cases is considered to be problematic from the perspective of the finality of the administration of justice.
In addition, the authors discuss measures that allow supreme courts in both regions to deal with their existing caseload, to reduce this caseload, and to avoid divergences in the case law ofthe supreme court.
This volume offers ideas that will help supreme courts in both the East and the West to remove unmanageable caseloads. As a result, these courts will be better able to assist in the interpretation and clarification of the law, to provide for legal unity, and to give guidance to the development of the law.
Editors and Affiliations
About the editors
Professor Dr. Yulin Fu from Peking University School of Law is a leading Chinese specialist in civil procedure, evidence, arbitration and dispute resolution. She is responsible for major publications in the field of Chinese and comparative civil procedure and has supervised the translation of important procedural works into Chinese. She served as a judge in the Wuhan Maritime Court and is an arbitrator at the China International Economic and Trade Arbitration Committee (CIETAC), the Beijing Arbitration Committee (BAC), the Wuhan Arbitration Commission and the Kazakhstan International Arbitration Center.
Bibliographic Information
Book Title: Supreme Courts in Transition in China and the West
Book Subtitle: Adjudication at the Service of Public Goals
Editors: Cornelis Hendrik (Remco) van Rhee, Yulin Fu
Series Title: Ius Gentium: Comparative Perspectives on Law and Justice
DOI: https://doi.org/10.1007/978-3-319-52344-6
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: Springer International Publishing AG 2017
Hardcover ISBN: 978-3-319-52343-9Published: 02 March 2017
Softcover ISBN: 978-3-319-84880-8Published: 13 July 2018
eBook ISBN: 978-3-319-52344-6Published: 20 February 2017
Series ISSN: 1534-6781
Series E-ISSN: 2214-9902
Edition Number: 1
Number of Pages: VI, 245
Number of Illustrations: 2 b/w illustrations, 9 illustrations in colour
Topics: Private International Law, International & Foreign Law, Comparative Law , Civil Procedure Law, Dispute Resolution, Mediation, Arbitration, Labour Law/Social Law, Commercial Law