Tue, 04 Sep 2018 Insights Guodong Du 杜國(guó)棟 , Meng Yu 余萌
The post introduces one of the biggest difficulties encountered by Chinese courts in the trial of foreign-related civil and commercial cases: how to ascertain foreign law.
Voice of Chinese Judges
The Voice of Chinese Judges Series is summaries of selected articles of Chinese judges posted on the China Justice Observer (CJO), to reflect their thoughts on the existing issues concerning China’s law and judicial system. You may get to know the insightful views of judges from China’s Supreme People’s Court, look into the detailed analyses given by judges in some significant cases, and even learn about the operating mechanism of Chinese courts from judges’ perspectives.
Fri, 03 Aug 2018 Insights Guodong Du 杜國(guó)棟 , Meng Yu 余萌
Chinese courts at various levels, to some extent, are part of the administrative bodies in the national hierarchy, rather than just a judicial organ with the sole responsibility of adjudicating cases.
Wed, 25 Jul 2018 Insights Guodong Du 杜國(guó)棟 , Meng Yu 余萌
In recent years, Chinese judges have become increasingly dissatisfied with their profession, and some have chosen to leave. Why？
Tue, 10 Jul 2018 Insights Guodong Du 杜國(guó)棟 , Meng Yu 余萌
China’s Supreme People’s Court demonstrates its readiness, for the first time, in the Nanning Statement to loosen the criteria for recognition and enforcement of foreign judgments.
Fri, 06 Jul 2018 Insights Guodong Du 杜國(guó)棟 , Meng Yu 余萌
Judge Jiang Xin, who rendered the first ruling to recognize and enforce a Singaporean court judgment in China, talks about what lessons China could draw from an Israeli case to promote the principle of reciprocity.
Wed, 27 Jun 2018 Insights Guodong Du 杜國(guó)棟 , Meng Yu 余萌
Judge Zhao Qianxi, who rendered the first ruling to recognize and enforce a US court judgment in China, talks about his process of reflection in hearing the case.
Wed, 13 Jun 2018 Insights Guodong Du 杜國(guó)棟 , Meng Yu 余萌
Judge Shen Hongyu of China’s Supreme People’s Court, who is participating in the policy making, talks about recognition and enforcement of foreign civil and commercial judgments in China.
Wed, 13 Jun 2018 Insights Guodong Du 杜國(guó)棟 , Meng Yu 余萌
Judge Shen Hongyu of China’s Supreme People’s Court, who is participating in the policy making, talks about recognition and enforcement of foreign civil and commercial judgments in China.
Wed, 11 Apr 2018 Insights Guodong Du 杜國(guó)棟 , Meng Yu 余萌
The service procedure is one of the key matters reviewed by Chinese courts in the recognition and enforcement of foreign judgments. There is no specific stipulation in China, at present, about how to review the procedure of services. Nevertheless, we attempt to learn the practices by Chinese courts from relevant decided cases.
Sun, 25 Mar 2018 Insights Guodong Du 杜國(guó)棟 , Meng Yu 余萌
Chinese courts have long been perplexed by the problem of how to accurately ascertain and apply foreign law. There is a tendency to apply the lex fori, i.e., Chinese law, which is familiar to Chinese judges, on the grounds of failure to prove the foreign law, due to the fact that the judges lack convenient means in ascertainment.