The Idea of the Judicial System in a Large Country and the Development of International Civil Procedure in China
2019年08月14日 11:16 来源:Social Sciences in China Press 作者:He Qisheng

  He Qisheng

  School of Law, Peking University

  Abstract:The development of China’s international civil procedure should correspond to the development of the country’s reform and opening to the outside world. As a large economic country, China needs to draw on international civil procedures to guarantee its worldwide interests; and as a large country with the rule of law, it needs to improve the level of its judicial services and enhance the market attraction of its judicial system in global dispute resolution. Given that a country’s judicial system is an important element in measuring its comprehensive competitiveness, the global competitiveness of our international civil procedure is one of the goals to be pursued in the reform of Chinese judicial system. In order to raise the level of Chinese international civil procedure, China should emphasize the idea of the judicial system of a large country and prioritize its competitiveness, service orientation and cooperative approach to dispute resolution. In addition, it should focus on the following reforms: firstly, establishing a specialized system of international civil jurisdiction, with an increase in matters for competitive jurisdiction; secondly, enhancing China’s specialist services capacity in international civil actions, highlighting the expedient protection given to the rights of the parties concerned and stressing the professional development of judicial bodies in the commercial field; and thirdly, strengthening international judicial cooperation and facilitating the global movement of Chinese judgments.

  Keywords: idea of the judicial system in a large country, international civil procedure, global competitiveness, recognition and enforcement of judgment


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