Justice, efficiency and the new Civil Procedure Law
November 01, 2012 | BY
clpstaff &clp articlesThe latest amendments to China's Civil Procedure Law are a response to the increase in civil and commercial litigation. In an exclusive analysis article for China Law & Practice, Ariel Ye and Yu Song assess what affect the amendments will have on case rejections, public interest litigation and the rights of litigants
On August 31 2012, the Standing Committee of the National's People Congress passed the revised PRC Civil Procedure Law (中华人民共和国民事诉讼法), which will come into effect on January 1 2013. This is the third revision of the Law since 1982, when a draft was first enacted as a trial. It was revised comprehensively in 1991 and partially in 2007.
The NPC Law Committee started its revision in 2010. The amendments respond to key problems in judicial practice which have emerged since the implementation of the last revision in 2007. In the past five years, professionals have called for improvements to civil procedure. In particular, the rights of litigants, clarifying the rules of evidence and strengthening adjudication supervision. The aim of the recent amendments is to institute procedures that have proven to be effective at addressing these kinds of concerns.
“The key policy objectives of the amendments are to provide justice while guaranteeing efficiency” |
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