China University of Political Science and Law

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China Justice Observer

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Meng Yu

Latest from China University of Political Science and Law

China Justice Observer

Red Flag Alert: When Chinese Suppliers Involved in Many Lawsuits-CTD 101 Series

By Publisher

January 12, 2023

You should find out in advance whether your business partners in China are involved in excessive litigation. This post was first published in CJO GLOBAL, which is committed to providing consulting services in China-related cross-border trade risk management and debt collection. We will explain how debt collection works in China below. A client contacted us to help him recover a multimillion-dollar payment for goods. He purchased a shipment of medical supplies from a Chinese enterprise…

China Justice Observer

The Impact of Online Litigation on China’s Legal Service Market

By Publisher

January 8, 2023

Key takeaways: China adopts a unified legal qualification system, meaning that a qualified Chinese lawyer can practice law nationwide. However, most Chinese lawyers, especially litigators, traditionally only practice law locally, and cooperate with their intercity counterparts. With the development of online litigation in Chinese courts in the past five years, the localization of legal services has taken a hit. Now, a lawyer in one city can handle all proceedings, including court hearings, of a court…

China Justice Observer

Online Litigation in China: Centralized or Decentralize？

By Publisher

January 1, 2023

Key Takeaways: What is the best way in online litigation and digital justice? Centralized or Decentralized? Chinese courts keep exploring the best solutions in different fields. At the current stage, a decentralized system is adopted for China’s online litigation. Online litigation, though normalizing and expanding in China’s judicial practice, is also troubled by problems related to its initiation – should the online litigation be initiated by the court or upon application by the parties? In…

China Justice Observer

China to Establish International Organization for Mediation in HK

By Publisher

December 19, 2022

On 21 Oct. 2022, the Ministry of Foreign Affairs of China (MFA) and the Government of the Hong Kong Special Administrative Region (HKSAR) set up the Preparatory Office of the International Organization for Mediation (IOMed) in the HKSAR. To this end, the two sides signed the “the Arrangement on the Establishment of the International Organization for Mediation Preparatory Office in the Hong Kong Special Administrative Region” (关于在香港特别行政区设立国际调解院筹备办公室的安排). The MFA stated that no international intergovernmentalorganization currently…

China Justice Observer

Sports Law of China (2022)

By Publisher

November 15, 2022

The Sports Law was promulgated in 1995, and amended in 2009, 2016 and 2022 respectively. The latest revision will enter into force on 1 Jan. 2023. The Law, which contains 122 articles, aims to promote sports undertakings and enhance people’s physical fitness. 1. Do schools need to offer PE classes? Yes. Schools must ensure that PE classes are not interrupted and students are promised at least one hour’s daily exercise at school. (Art. 27) 2.…

China Justice Observer

New Developments in China’s Foreign-related Commercial and Maritime Trial Services

By Publisher

November 9, 2022

On 27 Sept. 2022, China’s Supreme People’s Court (SPC) held a press conference, introducing the foreign-related commercial and maritime trials conducted by Chinese courts in the past 10 years. 1. Report on data From 2013 to June 2022, Chinese courts at all levels nationwide had concluded over 295,000 foreign-related civil, commercial and maritime cases of first instance. The SPC has formulated 31 judicial interpretations and nine normative documents on foreign-related commercial and maritime trial,…

China Justice Observer

Xiamen International Commercial Court Holds Its First Hearing

By Publisher

October 31, 2022

On 19 Sept. 2022, the Xiamen International Commercial Court (hereinafter the “Court”) held a public hearing for its first case. It is a dispute over a real estate development contract. The plaintiff is a Philippine citizen, and the defendants are a Philippine-registered company and a Philippine citizen. The Philippines, the country of the defendants, lies along the Maritime Silk Road of China’s Belt and Road Initiative. Meanwhile, Fujian Province, where the Court is located,…

China Justice Observer

Shenzhen’s Foreign, Hong Kong, Macao, and Taiwan-Related Family Court Holds Its First Hearing

By Publisher

October 10, 2022

On the morning of 25 Aug. 2022, the Shenzhen Family Trial Center Involving Hong Kong-Macao-Taiwan and Foreign Factors (深圳涉外涉港澳台家事审判中心, hereinafter the “Family Court”) within Longhua Primary People’s Court of Shenzhen trialed its first cross-border family law dispute. The above-mentioned dispute is a divorce case, with a Hong Kong resident as the plaintiff. Considering the impact of the COVID-19 pandemic, the judge, with the consent of both parties, held the hearing at the Internet Tribunal…

China Justice Observer

Foreign Law Firms in China over Last Thirty Years

By Publisher

October 2, 2022

Foreign law firms started to explore China’s legal market in 1992. After a 12-year rapid growth period started in 2002, they gradually declined from their peak in 2014. Key takeaways: In 1992, 12 foreign law firms were approved by China’s government to establish representative offices in China. The number of foreign law firms’ representative offices in China increased rapidly from 96 in 2002 to 232 in 2014, showing a continuously growing trend though with…

China Justice Observer

Cross-border E-commerce Dispute Resolution in the Eyes of Chinese Courts

By Publisher

September 25, 2022

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Key takeaways: The booming cross-border e-commerce in China has resulted in a concomitant rise in cross-border disputes among Chinese exporters, Chinese e-commerce platforms, overseas consumers and overseas e-commerce platforms. In terms of types of cross-border e-commerce cases in China, network service contract disputes, which concern consumers suing operators of cross-border e-commerce platforms, are the most common cross-border e-commerce disputes and account for 45%. Data from the Hangzhou Internet Court indicate that cross-border e-commerce platforms…