Change in China's Civil Law Procedure

The Civil Law Procedure China has been reviewed nowadays. There are some heavy changes to it. In this essay, I want to establish aspects of the trial times, the judges forum, the especial policy for small quantities and smooth cases. This essay is to help some outsiders who aren't up-to-date with China civil policy acts to learn about the latest changes.

On Twenty Fourth December 2021, the Civil Procedure Law of China was reworked agreeing to the Standing Committee of the National Congress. The big reviews are as followings:

1.     It is easy for a single judge alone to preside over the trial of an ordinary procedure, suppose that the fact is clear and right and obligation is definite.

2.     All documents in a lawsuit could be delivered by an electroni
c way, including Judgement, mediation statement etc., if the Parties agree.

It's easy for a single judge alone to control over the practice of a routine proceeding, assuming that the detail is faultless and honest and commitment is expressed. already, only a council of at least three jurists is required to seek a case in a common proceeding.

All documents in a proceeding could be transmitted by an electronic approach, taking in Judgement, agreement wording and etc., if the parties agree.

The duration constitution of a summary proceeding is boosted from 3 months to 4 months.Preliminarily, the practice in the summary proceeding must be closed in 3 months upon form, but with this rearmost change, the duration constitution could be boosted for another month if it’s approved by the chairman of the court.

For a normal case of a normal quantity, the trial may be closed in one trial. Typically, what’s executed in China is 2 trials of a case, with the trial of 1st date and hearing of 2nd hearing date, thus with this changing, it's accepted to complete a simple case of normal quantity in one hearing of the court.

The trial of 2nd hearing of the jurist is accepted to attempt a case without a formal hearing. Before, a hearing counsel should have a formal trial on an appellate case, but within the influence of the rearmost reviews, it's accepted for the counsel to final a case without formal trial if the council decides a normal or stately track isn't necessary. Above is some of the heavy interference for the law of civil policy laws appropriate in china and its singular summary comments. However, you’d better advise a counsel for briefs or feel it up in the whole manual,.