Sat, 24 Oct 2020 Insights China Laws Portal Team
The Personal Bankruptcy Regulation of Shenzhen Special Economic Zone (深圳經(jīng)濟(jì)特區(qū)個(gè)人破產(chǎn)條例) was enacted on 31 Aug. 2020 and will come into effect on 1 Mar. 2021.
Sat, 24 Oct 2020 Insights Guodong Du 杜國(guó)棟 , Meng Yu 余萌
China's Supreme Court issued the Implementing Rules of the Provisions on Case Guidance (《關(guān)于案例指導(dǎo)工作的規(guī)定》實(shí)施細(xì)則) in May 2015, which clarified the details of how the Guiding Case System works.
Sun, 18 Oct 2020 Insights Chenyang Zhang 張辰揚(yáng) , Zhuo Yiwei 卓懿偉
The parties can engage expert assistants(專家輔助人) — or "China’s expert witness" as dubbed by some people — to help them express opinions on professional issues. Although the relevant rules of expert assistant need to be improved, the parties can give it a try to strengthen the persuasion of their opinions.
Thu, 15 Oct 2020 Insights Jian Zhang 張建
Today, 15 Oct. 2020, the International Commercial Dispute Prevention and Settlement Organization (ICDPASO, 國(guó)際商事?tīng)?zhēng)端預(yù)防與解決組織) has been established in Beijing, China. As a non-governmental international organization, ICDPASO will provide legal services including commercial arbitration, commercial mediation, investment arbitration and dispute prevention for countries/regions around the globe.
Sun, 11 Oct 2020 Insights Guodong Du 杜國(guó)棟 , Meng Yu 余萌
Where do China's Guiding Cases (指導(dǎo)性案例) come from? Provisions on Case Guidance were issued by the SPC in 2010 as a first step towards establishing the Guiding Case system.
Sun, 11 Oct 2020 Insights Chenyang Zhang 張辰揚(yáng) , Ran Ren 任冉
"The burden of proof lies with the party asserting a proposition" (誰(shuí)主張，誰(shuí)舉證) is a primary rule of burden of proof in China's judicial proceedings. Nevertheless, the rule is not unchangeable.
Thu, 08 Oct 2020 Insights Zilin Hao 郝梓林
In 2020, Shanghai Second Intermediate People's Court enforced the judgments made by the October District Court of Minsk City, the Republic of Belarus. This also marks the first time that a Shanghai court has accepted a case transferred by a foreign court according to the bilateral treaty.
Sun, 04 Oct 2020 Insights Guodong Du 杜國(guó)棟
China's current judge system began to take shape after the end of the Cultural Revolution (1978), and the judicial reform initiated in 2014 has accelerated its evolution.
Sun, 04 Oct 2020 Insights Guodong Du 杜國(guó)棟 , Meng Yu 余萌
Translation matters. In 2020, Chengdu Intermediate People's Court in Sichuan Province dismissed an application for enforcing a UAE judgment, due to translation errors in the Chinese version of the application.
Sun, 27 Sep 2020 Insights Chenyang Zhang 張辰揚(yáng) , Yue Wu 武悅
The self-admission is the disposition of the litigant's procedural rights, and may have a substantive impact on the fact-finding and the burden of proof.