The Position of Judges in Civil Litigation in Transitional China

Abstract

This chapter discusses the judge’s position in civil litigation in China viewed within two interlaced dimensions with transforming perspectives: (i) the role of adjudication in civil litigation in contrast to judicial mediation; and (ii) the judge’s role in civil adjudication in contrast to the position of the parties. It discusses the stages of transformation in civil procedure: (i) the period prior to 1982, when no code of civil procedure or formal procedure existed; (ii) the period 1982-1991, when the first code was enacted; (iii) the period 1991-2001, when the second code was enacted and judicial interpretations relating to civil procedure were released during the judicial reform of the 1990s; and (iv) the period since 2001, when judicial interpretations for redressing judicial reform and the 2007 revision to the 1991 Code were published. Outside the judicial system there are several attempts to divert cases to alternative dispute resolution (ADR). Keywords:alternative dispute resolution (ADR); China; civil adjudication; civil litigation; judge’s position; judicial mediation; judicial reforms