中国民事诉讼法与法律冲突法

Part 1 Chinese Civil Procedure

Chapter One A General Survey of Chinese Procedural Law

1. SUBSTANTIVE AND PROCEDURAL LAW

2. DIFFERENT TYPES OF PROCEDURAL LAW

3. JUDICIAL SYSTEM OF THE PRC

Chapter Two An Overview of Chinese Civil Procedure

1. SOURCES OF CHINESE CIVIL PROCEDURAL LAW

2. BASIC PRINCIPLES OF CHINESE CIVIL

PROCEDURE

3. BASIC SYSTEMS OF CHINESE CIVIL

PROCEDURE

Chapter Three Court Competence and Court Jurisdiction in

Civil Matters

1. COURT COMPETENCE IN CIVIL MATTERS AND ITS

RELATIONSHIP TO MEDIATION AND ARBITRATION

2. COURT JURISDICTION

Chapter Four Litigation Participants

1. PARTIES

2. AGENTS AD LITEM

Part 1 Chinese Civil Procedure

Chapter One A General Survey of Chinese Procedural Law

1. SUBSTANTIVE AND PROCEDURAL LAW

2. DIFFERENT TYPES OF PROCEDURAL LAW

3. JUDICIAL SYSTEM OF THE PRC

Chapter Two An Overview of Chinese Civil Procedure

1. SOURCES OF CHINESE CIVIL PROCEDURAL LAW

2. BASIC PRINCIPLES OF CHINESE CIVIL

PROCEDURE

3. BASIC SYSTEMS OF CHINESE CIVIL

PROCEDURE

Chapter Three Court Competence and Court Jurisdiction in

Civil Matters

1. COURT COMPETENCE IN CIVIL MATTERS AND ITS

RELATIONSHIP TO MEDIATION AND ARBITRATION

2. COURT JURISDICTION

Chapter Four Litigation Participants

1. PARTIES

2. AGENTS AD LITEM

Chapter Five Evidence

1. GENERAL PRINCIPLES

2. BURDEN OF PROOF AND THE COURT'S RIGHT TO

INVESTIGATE AND COLLECT EVIDENCE

3. ORIGINALITY OF EVIDENCE （ARTICLE 68 OF THE

CPL）

4. EXPERT EVALUATION （ARTICLE 72 OF THE

CPL）

5. INSPECTION （ARTICLE 73 OF THE CPL）

6. PRESERVATION OF THE EVIDENCE （ARTICLE 74 OF

THE CPL）

Chapter Six Time Periods and Service

1. TIME PERIODS

2. SERVICE

Chapter Seven Property Preservation and Advance

Execution

1. PROPERTY PRESERVATION

2. ADVANCE EXECUTION

3. RECONSIDERATION

Chapter Eight Compulsory Measures against Obstruction of

Civil Proceedings

1. ACTS OF OBSTRUCTION OF CIVIL PROCEEDINGS AND

COMPULSORY MEASURES AGAINST THEM

2. COMPULSORY MEASURES （DETAILS）

Chapter Nine Litigation Costs

1. MAIN PROVISION OF THE CPL ON LITIGATION

COSTS

2. MEASURES FOR PAYMENT OF LITIGATION

COSTS

Chapter Ten Ordinary Procedure of First Instance

1. BRINGING A LAWSUIT AND ENTERTAINING A

CASE

2. PREPARATION FOR TRIAL

3. TRIAL IN COURT

4. SUSPENSION AND TERMINATION OF LEGAL

PROCEEDINGS

5. JUDGMENT AND ORDER

Chapter Eleven Summary Procedure

1. SCOPE OF APPLICATION

2. PARTIES IN A SUMMARY PROCEDURE

3. OTHER FEATURES

Chapter Twelve Procedure of Second Instance

1. CONDITIONS AND TIME LIMITS FOR AN

APPEAL

……

Part 2 The Conflict of Laws

The manuscript of the present textbook has been used for a
course taught by the author for the LL.M. Program in Chinese Law at
Tsinghua University School of Law from 2005 to 2010. The main
objective of this course is to provide international students with
basic knowledge of Chinese civil procedure and the conflict of
laws. In particular, the course expounds civil lawsuits that are
filed in accordance with the Chinese code of civil procedure （Civil
Procedure Law of the People's Republic of China）, other statutes
and judicial interpretations, as well as choice of law rules
determining the law applicable to civil relationships involving
foreign elements. The course provides succinct explanations of
essential issues, fundamental principles and particular
institutions in Chinese civil procedure and the conflict of
laws.The textbook begins with a survey of the Chinese procedural
law and an overview of Chinese civil procedure and then focuses on
essential aspects of court jurisdiction and trial procedure in
civil matters. In view of the traditional importance of alternative
dispute resolution in China, mediation （conciliation） and
arbitration are also discussed with corresponding comparisons to
civil procedure.The textbook also discusses issues relating to the
conflict of laws, i.e. international jurisdiction under the Chinese
international civil procedure law, recognition and enforcement of
foreign judgments as well as Chinese choice of law rules. Focus is
directed toward the Chinese Statute on the Application of Laws to
Civil Relationships Involving Foreign Elements of 28 October 2010,
which entered into force on 1 April 2011.Two appendixes are printed
at the end of the textbook: "Addendtrm 1: Chinese Statutory
Conflict Rules and Conflict Rules Contained in Judicial
Interpretations Prior to 1 April 2011" and "Addendum 2: Statute on
the Application of Laws to Civil Relationships Involving Foreign
Elements of the People's Republic of China" which has been
translated into English jointly by Professr CHEN Weizuo and Mr.
Kevin M. Moore.