This volume addresses the role of the judge and the parties in civil
litigation in mainland China, Hong Kong and various European
jurisdictions. It provides an overview and an analysis of how these
respective roles have been changed in order to cope with growing
caseloads and quality demands. It also shows the different approaches
chosen in the jurisdictions covered. Mainland China is introducing
far-reaching reforms in its system of civil litigation. From an
inquisitorial procedure, in which the parties play a relatively minor
role, the country is changing to a more adversarial system with
increased powers for the parties. At the same time, case management
and the role of the judge as it is understood in mainland China
remains different from case management and the role of the judge in
Western countries, mainly as regards the limited powers of individual
Chinese judges in this respect. Changes in China are justified by the
ever-increasing case load of the Chinese courts and the consequent
inability to deal with cases in an adequate manner, even though
generally speaking Chinese courts still adjudicate civil cases within
a relatively short time frame (this may, however, be problematic when
viewed from the perspective of the quality of adjudication). Growing
caseloads and quality concerns may also be observed in various
European states and Hong Kong. In these jurisdictions the civil
procedural systems have a relatively adversarial character and it is
some of the adversarial features of the existing systems of procedure
which are felt to be problematic. Therefore, the lawmakers have opted
for increasing the powers of the judge, often making the judge and the
parties mutually responsible for the proper conduct of civil cases.
Starting from opposite directions, mainland China and the various
European states and Hong Kong could meet half way in their reform
attempts. This is, however, only possible if a proper understanding is
fostered of the developments in these different parts of the World.
Even though in both China and Europe the academic community and
lawmakers are showing a keen interest in the relevant developments
abroad, a study addressing the role of the judge and the parties in
civil litigation in both China and Europe is still missing. This book
aims to fill this gap in the existing literature.
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Essays on the Role of the Judge and the Parties
Produktdetaljer
ISBN
9789400776661
Publisert
2019
Utgiver
Springer Nature
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter