The 2011 Regulation on the Causes of Civil Action of the Supreme People's Court of the People's Republic of China: A New Approach to Systemise and Compile the Status Quo of the Chinese Civil Law System

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Walter de Gruyter, Jan 1, 2012 - Law - 134 pages
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In 2008 the Supreme People's Court (SPC) has promulgated the "Regulations on the Cause of Civil Action". The promulgation of the Regulations has significance in various regards. It clearly signals a new approach of the SPC to systemize and compile the status quo of the Chinese civil law system. With the Regulations the SPC aims to help lower courts and parties of legal actions to correctly apply the law. It further wants to collect accurate statistical information about court decisions and to gather these court decisions. The SPC ultimately intents to build a systematic collection of court decisions, which shall provide the people's courts with a reliable data base for reference in deciding cases in the future. This new approach of the SPC has deep impact on the understanding of the application of law in China as it undoubtedly reminds of the concept of writs in traditional English common law (i.e. types of action). The research compiled in this book is therefore going to the roots of the notion of law in China and to the relationship between claims arising from substantive law and the procedural arrangement to enforce these claims in civil procedure law.

 

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Contents

5 Chapter Disputes related to intellectual property rights and competition
18
6 Chapter Disputes over labour and personnel
36
7 Chapter Marine and maritime disputes
38
8 Chapter Civil disputes related to enterprises securities cheques and bills
47
9 Chapter Disputes over tort liabilities
97
10 Chapter Causes of Actions by Application of Special Procedures
105
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About the author (2012)

Yiliang DONG, Universität Hamburg; Hongyan LIU, Universität Hamburg; Knut B. Pißler, Max Planck Institute for Comparative and International Private Law in Hamburg.

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