Ius Gentium: Comparative Perspectives on Law and Justice

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.)

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  • 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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Softcover $169.99
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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 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

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)

Table of contents (11 chapters)
  • Introduction

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

    Pages 1-12

  • The Chinese Supreme People’s Court in Transition

    Fu, Yulin

    Pages 13-36

  • The Supreme Court of the United Kingdom: A Selective Tribunal with the Final Say on Most Matters

    Andrews, Neil

    Pages 37-51

  • From Courts of Appeal to Courts of Precedent—Access to the Highest Courts in the Nordic Countries

    Sunde, Jørn Øyrehagen

    Pages 53-76

  • The Supreme Cassation Court of the Netherlands: Efficient Engineer for the Unity and Development of the Law

    Verkerk, R. R. (et al.)

    Pages 77-96

Buy this book

eBook $129.00
price for USA in USD (gross)
  • ISBN 978-3-319-52344-6
  • Digitally watermarked, DRM-free
  • Included format: EPUB, PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $169.99
price for USA in USD
  • ISBN 978-3-319-52343-9
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
Softcover $169.99
price for USA in USD
  • ISBN 978-3-319-84880-8
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

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
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