Dynamism in China's Civil Procedure Law: Civil Justice with Chinese Characteristics

Abstract

When the reform and opening-up period began in China in 1978, the civil justice system was in a parlous state following the near abandonment of formal law during the Cultural Revolution. Over the past thirty-plus years, China has however shown remarkable dynamism in not only introducing a coherent framework of civil procedural rules, but also in adapting these rules to its unique local conditions. These adaptations have dealt with many thorny issues such as the status of mediation versus formal adjudication by the courts; the rising use of summary procedures to achieve efficiency and related concerns about due process; and the ongoing debate about exactly what the role of the courts should be. These issues will be considered in detail in this chapter.

Keywords: China, civil procedure, mediation, summary procedures, role of the courts