Ha Shuju New tendencies in the development of civil procedure system in the People’s Republic of China

Abstract: The Civil Procedural Code of China is one of the key acts of the state, reflecting the principle of standardized procedure of civil judicial process. The Civil Procedural Code of the People’s Republic of China was drafted in 1991, and in 2007 the Government of the PRC amended it in part of supervision over the civil judicial procedure and enforcement of the decisions. However, due to the rapid economic development of China the amount of novel types of civil cases is constantly growing, and the existing civil procedural system is not sufficient for meeting all of the needs of justice. The new Civil Procedural Code of the PRC entered into force in 2013, and this Code provides for the principle of good faith, serving a guidance for the judges and parties to the case; the system of judicial procedure on public claims, the system of judicial procedure on malicious claims, the system of procedure on small claims; the system of assistance in protection of third party rights and interests, etc. were formed; the system of judicial procedure was improved. These and other issues became the subject of analysis in this article. Additionally, the author comments on the new contents of the guarantee of rights of parties to file claims based on a novel procedure of initiating the case, the right to petition for the revision of the case and the system of providing evidence.

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