Chinese Civil Procedure and the Conflict of Laws

Chinese Civil Procedure and the Conflict of Laws
作 者: 陈卫佐
出版社: 清华大学出版社
丛编项: Tsinghua Chinese Law Series
版权说明: 本书为公共版权或经版权方授权,请支持正版图书
标 签: 民事诉讼法
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作者简介

暂缺《Chinese Civil Procedure and the Conflict of Laws》作者简介

内容简介

The manuscript of the present textbook has been used for acourse taught by the author for the LL.M. Program in Chinese Law atTsinghua University School of Law from 2005 to 2010. The mainobjective of this course is to provide international students withbasic knowledge of Chinese civil procedure and the conflict oflaws. In particular, the course expounds civil lawsuits that arefiled in accordance with the Chinese code of civil procedure (CivilProcedure Law of the People's Republic of China), other statutesand judicial interpretations, as well as choice of law rulesdetermining the law applicable to civil relationships involvingforeign elements. The course provides succinct explanations ofessential issues, fundamental principles and particularinstitutions in Chinese civil procedure and the conflict oflaws.The textbook begins with a survey of the Chinese procedurallaw and an overview of Chinese civil procedure and then focuses onessential aspects of court jurisdiction and trial procedure incivil matters. In vi...

图书目录

Part 1 Chinese Civil Procedure

Chapter One A General Survey of Chinese Procedural Law

1. SUBSTANTIVE AND PROCEDURAL LAW

2. DIFFERENT TYPES OF PROCEDURAL LAW

3. JUDICIAL SYSTEM OF THE PRC

Chapter Two An Overview of Chinese Civil Procedure

1. SOURCES OF CHINESE CIVIL PROCEDURAL LAW

2. BASIC PRINCIPLES OF CHINESE CIVILPROCEDURE

3. BASIC SYSTEMS OF CHINESE CIVILPROCEDURE

Chapter Three Court Competence and Court Jurisdiction inCivil Matters

1. COURT COMPETENCE IN CIVIL MATTERS AND ITSRELATIONSHIP TO MEDIATION AND ARBITRATION

2. COURT JURISDICTION

Chapter Four Litigation Participants

1. PARTIES

2. AGENTS AD LITEM

Chapter Five Evidence

1. GENERAL PRINCIPLES

2. BURDEN OF PROOF AND THE COURT'S RIGHT TOINVESTIGATE AND COLLECT EVIDENCE

3. ORIGINALITY OF EVIDENCE (ARTICLE 68 OF THECPL)

4. EXPERT EVALUATION (ARTICLE 72 OF THECPL)

5. INSPECTION (ARTICLE 73 OF THE CPL)

6. PRESERVATION OF THE EVIDENCE (ARTICLE 74 OFTHE CPL)

Chapter Six Time Periods and Service

1. TIME PERIODS

2. SERVICE

Chapter Seven Property Preservation and AdvanceExecution

1. PROPERTY PRESERVATION

2. ADVANCE EXECUTION

3. RECONSIDERATION

Chapter Eight Compulsory Measures against Obstruction ofCivil Proceedings

1. ACTS OF OBSTRUCTION OF CIVIL PROCEEDINGS ANDCOMPULSORY MEASURES AGAINST THEM

2. COMPULSORY MEASURES (DETAILS)

Chapter Nine Litigation Costs

1. MAIN PROVISION OF THE CPL ON LITIGATIONCOSTS

2. MEASURES FOR PAYMENT OF LITIGATIONCOSTS

Chapter Ten Ordinary Procedure of First Instance

1. BRINGING A LAWSUIT AND ENTERTAINING ACASE

2. PREPARATION FOR TRIAL

3. TRIAL IN COURT

4. SUSPENSION AND TERMINATION OF LEGALPROCEEDINGS

5. JUDGMENT AND ORDER

Chapter Eleven Summary Procedure

1. SCOPE OF APPLICATION

2. PARTIES IN A SUMMARY PROCEDURE

3. OTHER FEATURES

Chapter Twelve Procedure of Second Instance

1. CONDITIONS AND TIME LIMITS FOR ANAPPEAL

……

Part 2 The Conflict of Laws