The Fundamentals of Civil Procedure Law of the People’s Republic of China

Abstract

The Civil Procedure Law of the People’s Republic of China plays an important role in stipulating the trial of civil cases and civil proceedings for persons who want to acquire and enforce legitimate things and rights prescribed by substantive laws related to civil matters. This article examines the fundamentals of the Civil Procedure Law of the People’s Republic of China in various fields, including the fundamental principles of people’s courts, basic principles, jurisdiction, territorial jurisdiction, bringing a lawsuit, ordinary procedure, and mediation. This article found that people’s courts and civil proceedings are under the principle of ‘four levels of courts and at most two trials to conclude a case.’ The basic principles include the principle of courts trying civil cases independently, trying civil cases based on facts and taking the law as the criterion, equal litigation rights, the principle of honesty and good faith. In general, a civil lawsuit brought against a citizen shall be under the jurisdiction of the people’s court of the place where the defendant has his or her domicile or the place of his or her habitual residence. In trying civil cases, the people’s courts shall follow the systems of panel hearing and public trial. The parties are able to file an appeal with the people’s court at the next higher level. Given the legal supervision on the judgment, people’s courts, parties, and people’s procuratorates are eligible to start the procedure for trial supervision. Also, conciliation and mediation play a key role in trying civil cases, along with ordinary civil proceedings, and they can be made at almost every moment while trying civil cases.