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Enforcement of the law in the People's Republic of China - with focus on international civil litigation and arbitration
Includes bibliographical references.
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| Main Author: | |
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| Other Authors: | |
| Format: | Thesis |
| Language: | English |
| Published: |
Department of Commercial Law
2015
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| _version_ | 1867614192312254464 |
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| access_status_str | Open Access |
| author | Irnsperger, Elena Maria |
| author2 | Castellucci, Ignazio |
| author_browse | Castellucci, Ignazio Irnsperger, Elena Maria |
| author_facet | Castellucci, Ignazio Irnsperger, Elena Maria |
| author_sort | Irnsperger, Elena Maria |
| collection | Thesis |
| description | Includes bibliographical references. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/12968 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:48:08.164Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2015 |
| publishDateRange | 2015 |
| publishDateSort | 2015 |
| publisher | Department of Commercial Law |
| publisherStr | Department of Commercial Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/12968 Enforcement of the law in the People's Republic of China - with focus on international civil litigation and arbitration Irnsperger, Elena Maria Castellucci, Ignazio Mancuso, Salvatore Commercial Law Includes bibliographical references. The main aspect of the paper is the investigation of the enforcement of law of foreign (and domestic) judgments as well as arbitral awards in People´s Republic of China (PRC). The focus lies on international civil litigation and arbitration. For this purpose it is essential to elaborate on the judicial structures and its impact on the enforcement of laws in the PRC. The court system as well as its size and performance, the prosecution system, the lawyer system, the jurisdiction and the arbitration system will be briefly discussed. Thereafter, the study focuses on the recognition and enforcement of civil judgements and arbitral awards in the PRC. The organization of the enforcement and its procedure, laws and regulations in general will be addressed before the enforcement of civil judgements and arbitral awards will be investigated in detail. The investigation of the enforcement of judgments in the people’s courts of China is separated in the enforcement of domestic judgments and foreign judgments. While examining the recognition and enforcement of arbitral awards it is important to consider the different categories of awards. In the following the challenges and obstacles facing the Chinese judicial system will be determined. The legal education, the lack of professionalism, local protectionism and the lack of judicial independence are just some of them. The progress China has made in the last decades will also be mentioned. Especially the judicial reforms from 1999 to 2014 and the efforts made to improve the enforcement of law. In addition the practical side will be determined, therefore, important or recent cases will be considered. The goal of the paper is to give an overview of the current social and economic environment of law enforcement and the measures which should be taken to improve the law enforcement in the PRC. Due to the lack of official statistics in regard of law enforcement in the PRC, the study is based on collected information from different sources. 2015-05-28T07:00:48Z 2015-05-28T07:00:48Z 2014 Master Thesis Masters LLM http://hdl.handle.net/11427/12968 eng application/pdf Department of Commercial Law Faculty of Law University of Cape Town |
| spellingShingle | Commercial Law Irnsperger, Elena Maria Enforcement of the law in the People's Republic of China - with focus on international civil litigation and arbitration |
| thesis_degree_str | Master's |
| title | Enforcement of the law in the People's Republic of China - with focus on international civil litigation and arbitration |
| title_full | Enforcement of the law in the People's Republic of China - with focus on international civil litigation and arbitration |
| title_fullStr | Enforcement of the law in the People's Republic of China - with focus on international civil litigation and arbitration |
| title_full_unstemmed | Enforcement of the law in the People's Republic of China - with focus on international civil litigation and arbitration |
| title_short | Enforcement of the law in the People's Republic of China - with focus on international civil litigation and arbitration |
| title_sort | enforcement of the law in the people s republic of china with focus on international civil litigation and arbitration |
| topic | Commercial Law |
| url | http://hdl.handle.net/11427/12968 |
| work_keys_str_mv | AT irnspergerelenamaria enforcementofthelawinthepeoplesrepublicofchinawithfocusoninternationalcivillitigationandarbitration |