Supreme Courts in Transition in China and the West
Adjudication at the Service of Public Goals
Editors: van Rhee, Cornelis Hendrik (Remco), Fu, Yulin (Eds.)
Free Preview- 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
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- About this book
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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 of the 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.
- About the authors
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Professor Dr. C.H. (Remco) van Rhee from Maastricht University (Netherlands) specializes in comparative civil procedure and court organization. He is a member of the board of several scholarly journals and book series, and has published widely in the fields of comparative civil procedure and the history of civil procedure. He is the chair of one of the working groups of the European Law Institute and Unidroit in charge of drafting European Rules of Civil Procedure. 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.
- Table of contents (11 chapters)
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Introduction
Pages 1-12
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The Chinese Supreme People’s Court in Transition
Pages 13-36
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The Supreme Court of the United Kingdom: A Selective Tribunal with the Final Say on Most Matters
Pages 37-51
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From Courts of Appeal to Courts of Precedent—Access to the Highest Courts in the Nordic Countries
Pages 53-76
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The Supreme Cassation Court of the Netherlands: Efficient Engineer for the Unity and Development of the Law
Pages 77-96
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Table of contents (11 chapters)
- Download Sample pages 2 PDF (386.7 KB)
- Download Table of contents PDF (19.8 KB)
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Bibliographic Information
- Bibliographic Information
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- Book Title
- Supreme Courts in Transition in China and the West
- Book Subtitle
- Adjudication at the Service of Public Goals
- Editors
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- Cornelis Hendrik (Remco) van Rhee
- Yulin Fu
- Series Title
- Ius Gentium: Comparative Perspectives on Law and Justice
- Series Volume
- 59
- Copyright
- 2017
- Publisher
- Springer International Publishing
- Copyright Holder
- Springer International Publishing AG
- eBook ISBN
- 978-3-319-52344-6
- DOI
- 10.1007/978-3-319-52344-6
- Hardcover ISBN
- 978-3-319-52343-9
- Softcover ISBN
- 978-3-319-84880-8
- Series ISSN
- 1534-6781
- Edition Number
- 1
- Number of Pages
- VI, 245
- Number of Illustrations
- 2 b/w illustrations, 9 illustrations in colour
- Topics
