Chinese Civil Procedure and the Conflict of Laws

CHEN Weizuo Professor

 

Objectives

The main objective of this course is to provide international students with basic knowledge of Chinese civil procedure and the conflict of laws. In particular, the course expounds civil lawsuits that are filed in accordance with the Chinese code of civil procedure (Civil Procedure Law of the People’s Republic of China), other statutes and judicial interpretations, as well as choice of law rules determining the law applicable to civil relationships involving a foreign element. The course provides succinct explanations of essential issues, fundamental principles and particular institutions in Chinese civil procedure and the conflict of laws.

Main Contents

The course begins with a survey of the Chinese procedural law and an overview of Chinese civil procedure and then focuses on essential aspects of court jurisdiction and trial procedure in civil matters. In view of the traditional importance of alternative dispute resolution (ADR) in China, mediation (conciliation) and arbitration are also discussed with corresponding comparisons to civil procedure.

The course also discusses issues relating to the conflict of laws, i.e. international jurisdiction under the Chinese international civil procedure law, recognition and enforcement of foreign judgments as well as Chinese choice of law rules. Focus is directed toward the Chinese Statute on the Application of Laws to Civil Relationships Involving a Foreign Element of 28 October 2010, which entered into force on 1 April 2011 and the judicial interpretation issued by the Supreme People’s Court issued on 10 December 2012 (entered into force on 7 January 2013).

Organization and Requirements

Active participation in discussions of various topics covered by the contents of the course is always encouraged. In order to have meaningful discussions and to learn as efficiently as possible, students are required be present in class.

Assessment

Assessment will be based on class attendance (30%), class discussions (20%) and an open-book or take-home final exam (50%).

Recommended Books

1. CHEN Weizuo, Chinese Civil Procedure and the Conflict of Laws, Tsinghua University Press, Beijing 2011
2. Civil Procedure Law of the People’s Republic of China, China Legal Publishing House, Beijing 2009