Books on Civil Law and Procedure in China Available at the SJTU Library
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In 1986 the NPC adopted the General Principles of Civil Law of the People’s Republic of China, which helped clarify the scope of the civil law. Article 2 states that the civil law governs the personal and property relationships between citizens and/or legal persons. Additionally, the civil law is comprised by other more specific pieces of legislation dealing with a vast array topics spanning marriage, land administration, environmental law, copyright, and trademark.
Civil Procedure Law
The first codification of the provisional Civil Procedure Law of the PRC was passed in 1982. In 1991, the provisional code was replaced through the enactment of the Law of Civil Procedure by the NPC. The Supreme People's Court of the People's Republic of China's official website contains a full text version of the Civil Procedure Law of the People's Republic of China as adopted on April 9, 1991.
In a court of first instance, a case will proceed under one of two forms of procedure, either ordinary procedure, or summary procedure. Prior to the commencement of trial, it is the duty of the court’s adjudicative personnel to review the case and its materials and carry out an investigation seeking to collect the evidence that is necessary to the determination of the case. There are three stages to the ordinary trial process, including investigation, court debate and judgment. Under the summary procedure, the basic people’s courts and its tribunals can decide simple civil cases in a less formalistic manner.
The Decision of the Standing Committee of the National People's Congress on Amending the Civil Procedure Law of the People's Republic of China, adopted at the 30th Meeting of the Standing Committee of the Tenth National People's Congress of the People's Republic of the China on October 28, 2007, and went into effect as of April 1, 2008. You may find the full-text in Westlaw China.
Getting Started: Journal Articles on Civil Law and Procedure in China
The following journal articles are provided as a starting point for the researcher interested in gaining a better understanding of civil law and procedure in China.
- Access to Civil Justice and Race ,Class, and Gender Inequality
- Civil service law in the People's Republic of China: A return to cadre personnel management
- Mobilizing the law in China:
- Rights and quarantine during the SARS global health crisis: Differentiated legal consciousness in ho
- The Latest Developments in the Codification of Chinese Civil Law