中国民事诉讼法与法律冲突法(英文)
作者:陈卫佐 著
出版:清华大学出版社 2011.8
页数:180
定价:42.00 元
ISBN-13:9787302261919
ISBN-10:7302261911
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part Ⅰ chinese civil procedure
chapter onea general survey of chinese procedural law
Ⅰ. substantive and procedural law
Ⅱ. different types of procedural law.
Ⅲ. judicial system of the prc.
chapter twoan overview of chinese civil procedure
Ⅰ. sources of chinese civil procedural law
Ⅱ. basic principles of chinese civil procedure
Ⅲ. basic systems of chinese civil procedure
chapter threecourt competence and court jurisdiction in civil matters
Ⅰ. court competence in civil matters and its
relationship to mediation and arbitration
Ⅱ. court jurisdiction
chapter fourlitigation participants
Ⅰ. parties.
Ⅱ. agents ad litem
chapter fiveevidence.
Ⅰ. general principles.
Ⅱ. burden of proof and the court's right to investigate and collect evidence
Ⅲ. originality of evidence (article 68 of the cpl)
Ⅳ. expert evaluation (article 72 of the cpl)
Ⅴ. inspection (article 73 of the cpl)
Ⅵ. preservation of the evidence (article 74 of the cpl)
chapter sixtime periods and service
Ⅰ. time periods
Ⅱ. service
chapter sevenproperty preservation and advance execution
Ⅰ. property preservation
Ⅱ. advance execution.
Ⅲ. reconsideration.
chapter eightcompulsory measures against obstruction of civil proceedings.
Ⅰ. acts of obstruction of civil proceedings and
compulsory measures against them
Ⅱ. compulsory measures (details)
chapter ninelitigation costs.
Ⅰ. main provision of the cpl on litigation costs.
Ⅱ. measures for payment of litigation costs
chapter tenordinary procedure of first instance
Ⅰ. bringing a lawsuit and entertaining a case
Ⅱ. preparation for trial
Ⅲ. trial in court
Ⅳ. suspension and termination of legal
proceedings
Ⅴ. judgment and order
chapter elevensummary procedure
Ⅰ. scope of application
Ⅱ. parties in a summary procedure
Ⅲ. other features
chapter twelveprocedure of second instance
Ⅰ. conditions and time limits for an appeal
Ⅱ. appeal petition
Ⅲ. defense
Ⅳ. several aspects of the second instance
Ⅴ. outcomes of the procedure of second instance
Ⅵ. mediation in a case on appeal
Ⅶ.. finality and periods.
chapter thirteenspecial procedure
Ⅰ. types of cases.
Ⅱ. characteristics
chapter fourteenprocedure of trial supervision
Ⅰ. conditions for a retrial
Ⅱ. procedure of trial supervision
Ⅲ. protest lodged by the supreme people's procuratorate or a people's procuratorate ad a higher level in accordance with the procede of trial supervision
chapter fifteenprocedure of execution
Ⅰ. general principles
Ⅱ. application for execution and referral
Ⅲ. execution measures
part Ⅱ the conflict of laws
chapter sixteeninternational jurisdiction under the chinese
international civil procedure law
Ⅰ. general principles of civil procedure of cases
involving foreign elements.
Ⅱ. international jurisdiction in civil matters
chapter seventeenrecognition and enforcement of foreign judgments in china.
Ⅰ. competent courts for applications or requests of recognition and enforcement of foreign judgments or written orders
Ⅱ. procedure for recognition and enforcement of foreign judgments or written orders in china
Ⅲ. refusal of recognition and enforcement of foreign judgments or written orders in the prc
chapter eighteenchinese choice of law rules
Ⅰ. chinese private international law (the law of the
conflict of laws): notion
Ⅱ. historical development of ch1nese private
international law: towards codification of
china's private international law.
Ⅲ. chinese private international law statute of
28 october 2010: the first pil codification in the
legislative history of the prc.
addendum 1: chinese statutory conflict rules and conflict rules contained in judicial interpretations prior to 1 april 2011
addendum 2: statute on the application of laws to civilrelationships involving foreign elements of the people's republic of china
CHEN Weizuo, Director of the Research Centre for Private International Law and Comparative Law, Tsinghua University School of Law, Beijing, China; Doctor of Laws, Wuhan University, China; LL.M. and doctor iuris, Universitait des Saarlandes,Germany; professeur invite a la Faculte internationale de droit compare de Strasbourg,France (since 2003); professeur invite l'Universit6 de Strasbourg, France (2005-2010); to teach a special course in French, Lanouvelle codification du droit internationalpriv6 chinois, from 30 July to 3 August 2012at the Hague Academy of International Lawduring its 2012 summer session of privateinternational law.
The manuscript of the present textbook has been used for a course taught by the author forthe LL.M. Program in Chinese Law at Tsinghua University School of Law from 2005 to2010. The main objective of this course is to provide international students with basicknowledge of Chinese civil procedure and the conflict of laws. In particular, the courseexpounds civil lawsuits that are filed in accordance with the Chinese code of civil procedure(Civil Procedure Law of the People's Republic of China), other statutes and judicialinterpretations, as well as choice of law rules determining the law applicable to civilrelationships involving foreign elements. The course provides succinct explanations ofessential issues, fundamental principles and particular institutions in Chinese civil procedureand the conflict of laws.The textbook begins with a survey of the Chinese procedural law and an overview of Chinesecivil procedure and then focuses on essential aspects of court jurisdiction and trial procedurein civil matters. In view of the traditional importance of alternative dispute resolution inChina, mediation (conciliation) and arbitration are also discussed with correspondingcomparisons to civil procedure.The textbook also discusses issues relating to the conflict of laws, i.e. internationaljurisdiction under the Chinese international civil procedure law, recognition and enforcementof foreign judgments as well as Chinese choice of law rules. Focus is directed toward theChinese Statute on the Application of Laws to Civil Relationships Involving ForeignElements of 28 October 2010, which entered into force on 1 April 2011.Two appendixes are printed at the end of the textbook: "Addendum 1: Chinese StatutoryConflict Rules and Conflict Rules Contained in Judicial Interpretations Prior to 1 April 2011"and "Addendum 2: Statute on the Application of Laws to Civil Relationships InvolvingForeign Elements of the People's Republic of China" which has been translated into Englishjointly by Professor CHEN Weizuo and Mr. Kevin M. Moore.
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