Civil Judgments at First Instance: Comparative Experience and Chinese Solution

Author:   Zhixun Cao
Publisher:   Springer Verlag, Singapore
Edition:   2024 ed.
ISBN:  

9789819786619


Pages:   353
Publication Date:   20 February 2025
Format:   Hardback
Availability:   Manufactured on demand   Availability explained
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Civil Judgments at First Instance: Comparative Experience and Chinese Solution


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Author:   Zhixun Cao
Publisher:   Springer Verlag, Singapore
Imprint:   Springer Nature
Edition:   2024 ed.
ISBN:  

9789819786619


ISBN 10:   9819786614
Pages:   353
Publication Date:   20 February 2025
Audience:   Professional and scholarly ,  College/higher education ,  Professional & Vocational ,  Postgraduate, Research & Scholarly
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand   Availability explained
We will order this item for you from a manufactured on demand supplier.

Table of Contents

Introduction.- Examples of Civil Judgments as the Start point.- Civil Judgments in China: Structure, Reasoning and Reform.- Application of Law: Substantive Legal Grounds, Citations of Legal Sources, and Methodological Issues.- Finding of Facts: Decisive Documentary Evidence in Civil Litigation and Its Proving Effects.- Burden of Proof: Chinese Approach to Resolving the Factual Issue of Non-Liquet.- Effects of Final Judgments (I): Predetermined Effects of Their Factual Conviction.- Effects of Final Judgments (II): Scope of Res Judicata Effect and Possible Issue Preclusion?.- Correction of Errors: Redressing Obvious Errors and Omitted Claims in First Instance.- Context of Civil Judgments: Judicial System and Procedural Arrangement.- Challenges of Online Dispute Resolution: New Possibilities and Boundaries.- Conclusion.- Appendix. Related Translation of Essential Chinese Legal Documents.

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Author Information

Zhixun CAO (Hector) is a professor (Research) in Peking University (China). He holds his LL.B., LL.M., and LL.D. in Peking University and is pursuing his second doctoral title in University of Regensburg (Germany). He was a postdoctoral research fellow at Shanghai Jiaotong University (China). His research interests cover civil procedure, evidence law, dispute resolution, civil and commercial law, comparative law, and judicial system. He is the author of more than 90 scientific publications in books and journals and was invited as a speaker or a national reporter in conferences in over ten jurisdictions. Dr. Cao was the chief researcher of a project granted by the National Social Science Foundation in China between 2018 and 2024. In 2020, the Department of Education in China awarded him the Higher School Science Research Excellent Achievement Prize (humanities and social science). He is a director of the China Civil Procedural Law Society and the deputy secretary general of the Center for International Arbitration Research of Peking University. He is an active editor of the Peking University Law Journal in Chinese.

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