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Civil Litigation in China and Europe

Part of the Ius Gentium: Comparative Perspectives on Law and Justice Book Series (volume 31)

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

DOI: 10.1007/978-94-007-7666-1

ISBN: 978-94-007-7665-4

Publisher: Springer Netherlands - Springer Journals

Oct 8, 2013

1 - 10 of 17 Chapters

LitStream

Chapter 1The Role of the Judge and the Parties in Civil Litigation in China and Europe: An Introduction

van Rhee, C. H. (Remco); Yulin, Fu

Pages: 1 –7

[Organising the administration of justice before the civil courts in an adequate manner is a complicated task. First, there are the legitimate claims of thoroughness and high quality in the adjudication of civil matters that need to be taken into consideration, since these guarantee a just...
LitStream

China: Mainland. Efficiency at the Expense of Quality?

Yaxin, Wang; Yulin, Fu

Pages: 11 –37

[In this chapter, the authors present an extensive outline of an ordinary civil lawsuit in China, describing and analysing the various steps in the procedure in detail. This outline is subsequently used to comment on the existing model of civil litigation in China. The model is highly efficient...
LitStream

Case Management in China’s Civil Justice System

Yanmin, Cai

Pages: 39 –58

[The chapter discusses the establishment from top to bottom of a case management structure in the Chinese court system and the implementation of case quality evaluation index mechanisms. The author questions whether these mechanisms help to increase efficiency and enhance the quality of...
LitStream

From ‘Trial Management’ to ‘Case Management’

Fuhua, Wang

Pages: 59 –68

[The chapter deals with the present case management system in China, which is qualified as ‘trial management’, and the need to change this into case management in the more traditional sense of the word. Trial management in China is currently very much focused on controlling the judges by way of...
LitStream

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

Chan, Peter C. H.; Chan, David; Lei, Chen

Pages: 71 –125

[In the past, the Hong Kong judge played a passive role in case management. Undue delay became a by-product of such judicial inactivity. Litigation became far too adversarial and procedural deadlines were often unenforced. The root of the problem lay in the court’s overemphasis on the notion of...
LitStream

Impact of Civil Justice Reform on Alternative Dispute Resolution: A Hong Kong Perspective

To, Christopher

Pages: 127 –138

[The purpose of this chapter is to attempt to address whether the Hong Kong Civil Justice Reforms (CJR) have had an impact on the Alternative Dispute Resolution landscape in Hong Kong. The contribution mainly focuses on arbitration, adjudication and mediation and attempts to provide an overview...
LitStream

Austria & Germany: A History of Successful Reforms

Wall, Andrea

Pages: 141 –177

[The historical starting points of the German and Austrian legislative process as regards the allocation of procedural functions between the court and the parties diverged widely. While the Austrian Law of Civil Procedure was governed by the ideas of liberalism, the Prussian Law was based on the...
LitStream

The Austrian Model of Cooperation Between the Judges and the Parties

Griss, Irmgard

Pages: 179 –184

[This contribution addresses the Austrian Code of Civil Procedure drafted by Franz Klein. Franz Klein’s main idea was to organise civil procedure in a way that would enable the courts to establish the true facts. The cornerstone of this procedural system is the managerial powers of the judges....
LitStream

‘Mediation Judges’ in Germany: Mutual Interference of EU Standards and National Developments

Hess, Burkhard

Pages: 185 –194

[Three key trends can be identified in procedural law in Europe: a growing competition between the national procedural systems, the increasingly multi-layered character of procedural law and an expansion of different methods of dispute resolution. Within this context, the chapter examines the...
LitStream

Croatia: Omnipotent Judges as the Cause of Procedural Inefficiency and Impotence

Uzelac, Alan

Pages: 197 –221

[The chapter elaborates the origins and history of civil procedure in Croatia since the second half of the nineteenth century (both before and after Croatia became an independent country). After an historical introduction, the author describes the current procedural structures in civil procedure,...

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