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Specializing the Courts in China as a National State Development Strategy (Part II)
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Specializing the Courts in China as a National State Development Strategy (Part II)
Abstract
PII
S1991-32220000622-3-1
DOI
10.12737/jzsp.2023.023
Publication type
Article
Status
Published
Authors
Andrew Schukin 
ORCID: 0000-0002-4539-6876
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. 2
Pages
66-77
Abstract

Separation of 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 events, including the Belt and Road Initiative and the creation of pilot free trade zones, and the need to guarantee domestic and foreign parties judicial services that are inclusive and impartial, convenient and effective, reasonable and measured. Just as the competition of great powers influenced legal changes in other historical conditions, China’s global strategies are changing its domestic legislative ways, which deserves due attention.

Specialisation of judicial activity should be a strategic goal of further improvement of the Russian judicial system in the Russian Federation as well today. Against the background of the world economy globalisation and the struggle for foreign investment, the Russian state should face the task of forming a favourable independent specialised 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 specialisation. A new court in Moscow, the International Commercial (Business) Court of the Russian Federation, could effectively contribute to the satisfaction of these interests.

Date of publication
17.05.2023
Number of purchasers
12
Views
123
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