China Law Update

• Author: Jiangzhou Lan, Sun Yuxuan, and Peng Yali
• Pages: 74-93

FINAL_2_4_JIANGZHOU, SUN, AND PENG CHINA LAW UPDATE (D O NOT DELETE) 2013-9-30 5:22 PM

74 TSINGHUA CHINA LAW REVIEW [Vol. 5:71

CHINA LAW UPDATE

JIANGZHOU Lan, SUN Yuxuan, and PENG Yali

I. LAWS AND REGULATIONS

A. Civil Procedure Law (2012 Amendment)1

1. Background and Significance of the 2012 Amendment

Civil Procedure Law is one of the basic laws of China. It sets out

the rules and standards that courts must follow when adjudicating

civil lawsuits. With China’s economic development and procedural

justice playing a more important role in adjudication, Civil Procedure

Law has composed a significant part of China’s legal system.

The Civil Procedure Law of the People’s Republic of China is

amended for the second time in accordance with the Decision of the

28th Session of the Standing Committee of the Eleventh National

People’s Congress on Amending the Civil Procedure Law of the

People’s Republic of China on August 31, 2012 (hereinafter referred

as “the 2012 Amendment”).

However, since its enactment in 1991, with one amendment in

2007, the Law can not keep pace with the sweeping changes taking

place throughout China. There have been urges for modifications to

the Law over the past few years. The opinion “on Deepening the

Reform of Judicial System and Working Methods” from the Central

Political Bureau also requires amendment to the Law2

Thus, in 2011, the Standing Committee of National People’s

Congress commenced the draft of the amendment to the law, aiming

to adapt the law to the developing economic and social world, with

the rights of the interested parties better protected, litigation

procedure streamlined, and finally social stability and harmony

promised

.

3

1 Min shi su song fa (民事诉讼法) [Civil Procedure Law (2012 Amendment)] (promulgated by the

Standing Comm. Nat’l People’s Cong., Aug. 31, 2012 , effective Jan 1, 2013) (Lawinfochina) (China)

[hereinafter Civil Procedure Law, 2012 Amendment].

.

2 See Chen Liping (陈丽平), Minshi Susong fa Xiugai Zhuyao Sheji Qige Fangmian (

民事诉讼法

修改主要涉及七个方面

) [Seven Main Components to the Amendment of Civil Procedure Law], FAZHI

RIBAO ( 法制日报) [LEGAL DAILY], Dec. 24, 2011, http://www.npc.gov.cn/huiyi/cwh/1123/2011-

10/25/content_1676082.htm (last visited Feb. 11, 2013) (China).

3 See China’s top legislature ends bimonthl y session, XINHUA SHE (新华社) [XINHUA NEW S

AGENCY], Sep. 4, 2012, http://www.npc.gov.c n/englishnpc/news/Legislation/2012 -

09/04/content_1736162.htm.

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2012] CHINA LAW UPDATE 75

2. Major modifications of the 2012 Amendment

The 2012 Amendment’s sixty articles offer extensive changes

covering nearly every chapter of the PRC Civil Procedure Law. The

changes introduced by the 2012 Amendment primarily can be

summarized to the seven aspects.

First, the 2012 Amendment better utilizes the mediation

mechanism in civil law suits. Its new added Article 122 stipulates:

“where mediation is appropriate for the civil dispute involved in an

action instituted by a party in a people’s court, mediation shall be

conducted first, unless the parties refuse mediation.”4 And the 2012

Amendment makes itself more compatible with People’s Mediation

Law, adding Article 194, which regulates the judicial confirmation of

a mediation agreement in accordance with People’s Mediation Law

and other laws.5

Second, the 2012 Amendment strengthens its protection of

citizens’ right to access to courts and other rights in litigation. With

growing concern over disputes regarding environmental rights and

consumer rights, Article 55, for the first time expressly provides for

public interest litigation, which allows agencies or organizations

determined by law to bring litigation to the court.

6 Article 123

stipulates that a people’s court must accept an action instituted under

Article 119 of this Law, instead of “the court shall accept the case

within seven days” in the 2007 version.7 What’s more, Article 156

provides that the public can have access to written judgments and

court orders, provided that they do not pertain to state secrets, trade

secrets or personal privacy. 8

Third, the 2012 Amendment polishes its regulations on proof. Its

newly added Article 65 stipulates that a party shall provide evidence

for its claims in a timely manner and a people’s court shall determine

the evidence to be provided by a party and the time limit for

provision of evidence

9. Article 66 sets the rule that a people’s court

shall issue receipts for evidentiary materials submitted to the court by

a party10. Article 76 for the fist time empowers the interested parties

the right to commence the identification for ascertaining the facts of

a case by applying to the people’s court11

Fourth, the 2012 Amendment improves the summary procedure

process. In its added Article 162, it revises the amount of money

.

4 Civil Procedure Law, 2012 Amendment, art. 122.

5 Id. art. 194.

6 Id. art. 55.

7 Id. art. 123.

8 Id. art. 156.

9 Id. art. 65.

10 Id. art. 66.

11 Id. art. 76.