Civil Judgments at First Instance

Comparative Experience and Chinese Solution

Inbunden, Engelska, 2025

1 979 kr

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In other words, this book likes to describe the real judicial practice in China and summarize how Chinese lawyers understand and facilitate the production of civil judgments.Moreover, this book intends to focus on the adjudicative techniques in the civil litigation, which should constitute the mutual basis of most civil justice.

Produktinformation

Utgivningsdatum2025-02-20
Mått155 x 235 x 26 mm
Vikt727 g
FormatInbunden
SpråkEngelska
SerieContemporary Chinese Civil and Commercial Law
Antal sidor353
FörlagSpringer Verlag, Singapore
ISBN9789819786619

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Zhixun CAO (Hector) is a professor (Research) in Peking University (China). He holds his LL.B., LL.M., and LL.D. in Peking University and is pursuing his second doctoral title in University of Regensburg (Germany). He was a postdoctoral research fellow at Shanghai Jiaotong University (China). His research interests cover civil procedure, evidence law, dispute resolution, civil and commercial law, comparative law, and judicial system. He is the author of more than 90 scientific publications in books and journals and was invited as a speaker or a national reporter in conferences in over ten jurisdictions. Dr. Cao was the chief researcher of a project granted by the National Social Science Foundation in China between 2018 and 2024. In 2020, the Department of Education in China awarded him the Higher School Science Research Excellent Achievement Prize (humanities and social science). He is a director of the China Civil Procedural Law Society and the deputy secretary general of the Center for International Arbitration Research of Peking University. He is an active editor of the Peking University Law Journal in Chinese.

Introduction.- Examples of Civil Judgments as the Start point.- Civil Judgments in China: Structure, Reasoning and Reform.- Application of Law: Substantive Legal Grounds, Citations of Legal Sources, and Methodological Issues.- Finding of Facts: Decisive Documentary Evidence in Civil Litigation and Its Proving Effects.- Burden of Proof: Chinese Approach to Resolving the Factual Issue of Non-Liquet.- Effects of Final Judgments (I): Predetermined Effects of Their Factual Conviction.- Effects of Final Judgments (II): Scope of Res Judicata Effect and Possible Issue Preclusion?.- Correction of Errors: Redressing Obvious Errors and Omitted Claims in First Instance.- Context of Civil Judgments: Judicial System and Procedural Arrangement.- Challenges of Online Dispute Resolution: New Possibilities and Boundaries.- Conclusion.- Appendix. Related Translation of Essential Chinese Legal Documents.