USEUROPEAFRICAASIA 中文雙語Fran?ais
    China
    Home / China / Society

    Courts feel trials of global economy

    By Zhang Yan | China Daily | Updated: 2013-06-17 01:10

    Mainland judges face a growing number of international cases

    Increasing globalization of the economy is leading to more legal disputes involving overseas parties, posing unprecedented challenges for the court system, a judge said.

    "When investment profits fluctuated sharply, a spate of disputes erupted in small and medium-sized companies that lacked mature corporate governance structures and investment arrangements," said Liu Guixiang, presiding judge of the No 4 Civil Tribunal under the Supreme People's Court, which is in charge of overseas commercial and maritime trials.

    Courts across the mainland concluded 171,000 civil, commercial and maritime lawsuits involving overseas parties from 2008 to 2012, a jump of 57 percent from the previous five-year period, Liu said. Among those lawsuits, 65,000 involved Hong Kong, Macao and Taiwan parties, he said.

    The increase in disputes is also partly because of rising labor and production costs on the mainland.

    Liu said there has been a shift in the types of disputes from sales, leasing, technology and joint ventures to a steady rise in cases of intellectual property rights infringements, marriages and finance, he said.

    Some joint ventures paid little attention to foreign direct investment policy and government requirements.

    "These joint ventures usually did not draft the joint venture contracts thoughtfully on a solid legal basis. So at a later stage during the joint venture's operation, the foreign parties can develop great differences with their mainland partners about things such as ballot calculation of the board of directors, equity allocation ratio and shareholders' remedies," he said.

    Facing increasing lawsuits, courts are trying to strike a balance between heavy caseloads and achieving efficient justice, despite doubts about judicial capacity and efficiency of judges, he said.

    According to Shen Hong-yu, a senior judge from the No 4 Civil Tribunal under the Supreme People's Court, disputes have involved companies from the United States, United Kingdom, Germany, some Southeast Asian and African countries, as well as from Hong Kong, Macao and Taiwan.

    In transnational lawsuits, foreign parties can choose foreign law as the applicable law.

    "This has posed a difficulty for judges in finding the foreign law and correctly understanding relevant laws for different countries," Liu said.

    But Liu assured that the Supreme People's Court has taken measures to guarantee that only qualified courts and judges with strong academic backgrounds are permitted to try overseas-related civil and commercial cases.

    The judges are also required to accept continual training for domestic and international laws, he said.

    Courts will also strive for more transparency, he said.

    "Publishing court verdicts online is on top of the agenda this year. Making hearings public and releasing judgments online will further promote the openness and transparency of court trials, and will foster the positive image of the Chinese judiciary," he said.

    Ji Xiang, a lawyer from Beijing Fangda Law Firm, which specializes in transnational lawsuits, said legislators need to update laws to better settle disputes involving transnational companies.

    David Yu from Hong Kong, who works in Beijing for the legal affairs department of a transnational company specializing in environmental materials, said the complicated administrative approval procedures should be simplified to facilitate overseas investors.

    He said he hoped to see China promote judicial transparency and improve efficiency.

    According to the Ministry of Commerce, the mainland attracted foreign direct investment of $111.72 billion last year, and its companies invested $77.2 billion in overseas markets.

    Editor's picks
    Copyright 1995 - . All rights reserved. The content (including but not limited to text, photo, multimedia information, etc) published in this site belongs to China Daily Information Co (CDIC). Without written authorization from CDIC, such content shall not be republished or used in any form. Note: Browsers with 1024*768 or higher resolution are suggested for this site.
    License for publishing multimedia online 0108263

    Registration Number: 130349
    FOLLOW US
     
    亚洲精品一级无码中文字幕| 亚洲天堂2017无码中文| 无码不卡亚洲成?人片| 中文字幕无码日韩专区| 中文字幕无码不卡在线| 青青草无码免费一二三区| 日本一区二区三区中文字幕| 夜夜精品无码一区二区三区| 无码人妻丰满熟妇区五十路百度| 日本久久中文字幕| 日本阿v网站在线观看中文| 九九久久精品无码专区| 毛片无码免费无码播放| 极品粉嫩嫩模大尺度无码视频| 欧美乱人伦人妻中文字幕| 亚洲国产精品无码久久九九| 99无码熟妇丰满人妻啪啪| 无码国产色欲XXXX视频 | 亚洲中文久久精品无码| 99热门精品一区二区三区无码 | 国产色无码专区在线观看| 久久中文字幕视频、最近更新| 亚洲精品欧美精品中文字幕| 日韩成人无码影院| 精品久久久久久无码人妻热| 国产成人无码免费看片软件| 成人无码小视频在线观看| 久久久久亚洲Av无码专| 精品无码一区二区三区爱欲九九| 无码日韩精品一区二区免费| 亚洲AV无码不卡在线播放| 亚洲日韩精品无码专区网址| AV无码久久久久不卡蜜桃| 暴力强奷在线播放无码| 亚洲国产精品无码久久久秋霞2| 国产aⅴ无码专区亚洲av麻豆| 精品无码一区二区三区电影| 国产成人无码一二三区视频| 中文字幕无码无码专区| 日韩精品人妻系列无码专区| 精品无码日韩一区二区三区不卡|