CHINA Law and Practice Contributed by: Qingyou Wang, Yichen Lu, Chao Tang and Yuhe Gu, Anli Partners
Criminal Liability If the act constitutes a crime, criminal liability may be pursued according to the law. For example, the respondent could be accused of “refusing to execute a judgment or ruling.” These measures ensure the authority and enforceabil- ity of court-issued injunctions.
or interim measure sought, assesses urgency, neces- sity and risk, and then issues a ruling, without con- ducting a full examination of the merits at that stage. Chinese procedural law does not provide a separately named “case management conference”, but in com- mercial disputes with high-value, multi-party or com- plex evidentiary issues, judges will often convene one or more pre-trial meetings, in person or online. These meetings are used to clarify the parties’ claims and defences, narrow the issues that require determina- tion, discuss the form and organisation of evidence, set deadlines for the production and exchange of evidence, and address in advance whether judicial appraisal or expert testimony will be required, so that a clear timetable and procedural framework can be put in place for the substantive hearing. 7.3 Jury Trials in Civil Cases Jury trials are not available in civil cases in China. However, “people’s assessors” can participate in the trial process. People’s assessors are citizens who are selected to sit with a judge or a panel of judges to hear a case. However, the use of assessors is not as widespread as that of juries in common law jurisdic- tions, and their role is more limited. 7.4 Rules That Govern Admission of Evidence The following are some important rules governing the admission of evidence at trial. Legality of Evidence Evidence must be obtained lawfully. Relevance Evidence must be relevant to the facts in issue. Authenticity Evidence must be genuine. Its content must reflect an objectively existing reality and not be fabricated or falsified. The court will examine authenticity, including through appraisal, verification and cross-examination where appropriate. Sufficiency The evidence must be sufficient to prove the facts of the case.
7. Trials and Hearings 7.1 Trial Proceedings
Trials in China are, as a starting point, conducted oral- ly in open court in criminal, civil and administrative matters. Purely written procedures are exceptional and only available in limited circumstances expressly provided for by law. In ordinary first-instance proceedings, a hearing is mandatory. The court leads fact-finding and oral argu- ment, and parties, witnesses, appraisers and expert assistants are, in principle, expected to appear for examination and cross-examination, with the parties given a final opportunity to address the court. In sim- plified or expedited procedures, these steps may be streamlined, but a basic level of oral presentation and confrontation is still maintained. At the appellate and retrial stages, the court decides whether to hold a hearing having regard to the com- plexity and specific needs of the case. Even where the matter is determined on the papers, the judges are required to review the case file and seek the par- ties’ views. Overall, the Chinese system is structured around oral, adversarial hearings, with the result ulti- mately recorded and formalised in a written judgment served on the parties. 7.2 Case Management Hearings In addition to full trials, Chinese courts frequently use short hearings to deal with procedural and interim applications, such as objections to jurisdiction, appli- cations for preservation of property or conduct, pres- ervation of evidence, and other forms of interim relief. These sessions are usually brief and are sometimes conducted by video or other online means. The judge hears focused submissions on the specific procedural
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