Civil Law Procedure of the People's Republic of China

Author: Ye Ziqiang
Publisher:
Publish Date: 2004-04-01
Features: This book elaborates on the characteristics of the Civil Procedure Law, arguing that:
? The Civil Procedure Law can, to a certain extent, create substantive law to the shortcomings of civil substantive law. It establishes a relatively complete system of procedural safeguards to uphold the dignity of the parties and their status as legal subjects, advancing the modernization of China's rule of law. The evidence system is one of the main components of the Civil Procedure Law. To maximize the functionality of the Civil Procedure Law, it is essential to maintain the integration of internal procedures within civil litigation and the harmony within the procedural system.
? Once made, judgments by People's Courts, including those from foreign courts, should be enforced. Judgments possess stability and binding force. In civil litigation, once a court's judgment is rendered, both parties involved, regardless of whether the judgment is erroneous, are bound by it and cannot raise further disputes on the matter. The court must also respect the judgment, refraining from arbitrarily revoking, altering, or issuing new judgments that contradict it.