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Last Updated: Sep 25, 2014 URL: Print Guide RSS Updates

Civil Law and Procedure Print Page

Books on Civil Law and Procedure in China Available at the SJTU Library

Cover Art
Basic principles of civil law in China - William C Jones
Call Number: D923 B311B 1989
ISBN: 0873325745
Publication Date: 1989
Location:KoGuan Law Library

Cover Art
China's civil law - Yikun Zhu
Call Number: D923 Z63C 2003
ISBN: 9787503642340
Publication Date: 2003
Location:the Main Library on Minhang Campus

Cover Art
Court Delay and Law Enforcement in China - Qing-Yun Jiang; Prof. Hans Bernd Schäfer (Foreword by)
ISBN: 9783835000827
Publication Date: 2006-01-26


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Civil Law

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

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    Current Awareness: Recent Amendments to the Civil Procedure Code

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