Analysis of amendment to the Civil Procedure Law

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On 31 August the Amendment of the Civil Procedure Law (CPL), adopted at the 28th session of the Standing Committee of the 11th National People’s Congress, was promulgated and is to come into force from 1 January next year.

Li Tao
Li Tao

Concerning 60 amendments, the latest modifications to the CPL are the fruit of extensive academic research, but they also summarise the judicial experience, as well as other Chinese nuances, with regard to dispute solution, with the aim of making some worthwhile changes.

Generally, the improvements brought about by the amendment can be discussed in three dimensions – fairness, operability and the ability to systematise.

Fairness

An outstanding feature of the amendment is the strengthened fairness. First, the “good faith” principle has been introduced into the CPL (article 13, item I). Second, the delegation of jurisdiction authority has been further limited, so that the parties’ procedural trial level rights can be protected.

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Li Tao is a senior consultant at Dacheng Law Offices in Beijing. She can be contacted on +86 10 5813 7799 or by email at tao.li@dachenglaw.com

Paul Liang is a lawyer at Dacheng Law Offices in Beijing. He can be contacted on +86 10 5813 7344 or by email at xiaozhun.liang@dachenglaw.com