CHINA Law and Practice Contributed by: Qingyou Wang, Yichen Lu, Chao Tang and Yuhe Gu, Anli Partners
Anli Partners 35-36/F Fortune Financial Center 5 East 3rd Ring Middle Road Chaoyang District Beijing China
Tel: +86 10 8587 9199 Fax: +86 10 8587 9199 Email: anli@anlilaw.com Web: www.anlilaw.com
1. General 1.1 General Characteristics of the Legal System China’s system is predominantly based on the civil law tradition. The primary source of law is compre- hensive, written legal codes and statutes enacted by the legislature. Judicial precedent, or case law, is not formally binding on lower courts, though guiding cases issued by the Supreme People’s Court have persuasive authority and provide practical guidance for adjudication. China employs a hybrid adjudicatory model. In crimi- nal proceedings, it is predominantly inquisitorial, while in civil proceedings, it is more adversarial with judicial oversight. Both written submissions and oral arguments are uti- lised in China’s legal process. The trial is not a com- plete re-litigation of the case based solely on oral evi- dence presented live in court. Instead, it often serves as a check and verification of the evidence and con- clusions already formed in the written dossier. This system places a premium on the thorough prepa- ration of written documentation. A case can be won or lost based on the strength and comprehensive- ness of the written submissions. Understanding the judge’s central, investigative role is also crucial, as strategic advocacy involves effectively guiding the court’s inquiry through well-organised evidence and legal reasoning.
1.2 Court System China’s court system is organised in a four-tier hier- archy based on administrative divisions. There are no separate federal and state courts; instead, a uni- fied system ranges from the Supreme People’s Court down to the Intermediate People’s Court, the High People’s Court, and the Primary People’s Courts. Each level corresponds to a specific governmental tier: national, provincial, prefectural, and county. The system includes general jurisdiction courts rather than distinct subject-matter courts. District courts are the first-instance trial courts for most civil, criminal, and administrative cases. Appeals from district courts are heard by the Intermediate People’s Courts, which also handle major first-instance cases. The Supreme People’s Court sits at the apex, reviewing judicial work across the country. Specialised courts exist for specific domains, such as maritime, intellectual property, and finance. However, these are not fully separate systems. Their judgments can be appealed to the corresponding higher-level general court, integrating them into the main hierar- chical structure. The timeline from filing a lawsuit to trial varies signifi- cantly based on case complexity and court workload. For civil cases using ordinary procedure, the statutory time limit for concluding a case is six months. In prac- tice, simply getting a first hearing scheduled can take several months, especially in major cities with con- gested dockets. Delays are common and often occur due to procedural steps, such as service of process.
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