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Areas of Courts’ Practice in China as a National State Development Strategy (Part I)
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Areas of Courts’ Practice in China as a National State Development Strategy (Part I)
Abstract
PII
S1991-32220000622-3-1
DOI
10.12737/jzsp.2023.014
Publication type
Article
Status
Published
Authors
Andrew Schukin 
Occupation: Leading Researcher, Department of Private International Law
Affiliation: Institute of Legislation and Comparative Law under the Government of the Russian Federation
Address: Moscow, Russia
Edition
Volume 19 No. 1
Pages
140-148
Abstract

Areas of Courts’ Practice is the best mechanism for increasing the level of competence, consistency and efficiency in the administration of justice in civil and economic disputes. The Chinese Government considers specialised courts in areas such as finance, intellectual property, the Internet and international trade as a means of accelerating a limited set of professional reforms to achieve party-state goals in the field of territorial development, technology and geopolitics development.

The Supreme People’s Court of China sees a direct link between major national strategic measures, including the Belt and Road Initiative and the creation of pilot free trade zones, and the need to guarantee national and foreign parties judicial services that are inclusive and impartial, convenient and effective, reasonable and verified. Just as the competition of the great powers has influenced legal changes in other historical conditions, so China’s global strategies are changing its domestic legislative and law enforcement directions, which deserves due attention.

In Russia, areas of judicial activity should also be a strategic goal for further improvement of the domestic judicial system. Against the background of the globalization of the world economy and the struggle for foreign investment, the Russian state should face the task of forming a favorable independent, specialized legal institutional mechanism for resolving, in particular, cross-border disputes. With regard to the latter, the interests of the Russian legal system, as well as the interest of participants in international trade and investment activities, form a request for judicial specialization. A new court in Moscow, the International Business Court of the Russian Federation, could effectively contribute to the satisfaction of these interests.

Keywords
judicial system of the People’s Republic of China, specialized courts, “branch of economy” court, differentiation of civil procedure, special civil procedure form, efficiency of justice, global competition of legal systems
Date of publication
10.03.2023
Number of purchasers
12
Views
185
Readers community rating
0.0 (0 votes)
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