Renmin Chinese Law Review
Show Less

Renmin Chinese Law Review

Selected Papers of The Jurist (法学家), Volume 1

  • Renmin Chinese Law Review: Selected Papers of The Jurist

Edited by Jichun Shi

Renmin Chinese Law Review, Vol. 1 is the first work in a series of annual volumes on contemporary Chinese law, which bring together the work of recognised scholars from China, offering a window on current legal research in China.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 12: Return to Civil Procedure Law: re-reforming the courts’ power of investigation and evidence collection

Li Hao

Extract

Civil judicial reform which originated in China during the late 1990s has changed the civil trial mode significantly. It is very obvious in the problem of evidence collection. Before the reform of the trial mode, civil procedure law required the parties provide evidence for their own claims, and gave more attention to courts’ power to conduct investigations and collect evidence. The Civil Procedure Law of the PRC was amended thoroughly in 1991, and the amended civil procedure law highlighted the responsibility of the parties to conduct investigations and collect evidence. However, it still left the courts a broad scope for their power to conduct investigations and collect evidence, and specified that the court should investigate and collect evidence which may be necessary in a case hearing. In the following civil judicial reform, the Supreme People’s Court further reduced the courts’ power to conduct investigations and collect evidence by promulgating ‘Some Provisions of the Supreme People’s Court on Evidence in Civil Procedures’ (hereinafter the ‘Evidence Provisions’) to further reduce the already rather limited scope of the courts’ power of investigation and evidence collection.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.


Further information

or login to access all content.