People's Court Research Articles

Revisiting the stock market reactions to the private securities litigation against informational misconducts in China

The recently revised Securities Law in December 2019 and subsequent judicial interpretations issued by the Supreme People's Court (SPC) improved the efficiency of private securities litigation in China. Such a milestone legal reform is also reflected by Chinese courts awarding historically high amount of damages to aggrieved investors. These events are used as the sources of exogenous shocks to both de jure and de facto private enforcement intensity, and the stock market reactions to these events are examined. To control for potential self-selection bias, a sample of “culpable” listed companies is employed. Our sample companies react most significantly to the first game-changing court decision in “Wuyang Judgment”, in which the defendants were ordered to pay more than 1 billion damages. Such effects are observed in addition to the previous changes of “on-the-book” laws of private securities litigation. Finally, the magnitude of the estimated abnormal return is positively correlated with the local judiciary quality proxied by the percentage of cases disclosed, which suggests that the market expects that listed companies in regions with high-quality adjudication should be liable to pay higher damages.

Research on Family Investigator System in Family Justice

Since the Supreme People's Court decided to reform the way and working process of family trial, many experimental courts have begun extensive practical research, among which the implementation of the family investigator system is a notable feature. In order to further improve the professional ability of family trial, this study aims to conduct in-depth exploration and research from the current state of the family investigator system and refer to the successful experience at home and abroad, and provide some suggestions for improving the family investigator system. First of all, we need to unify the selection system of family investigators; Next, we need to establish a family investigator investigation process; Again, it is necessary to clarify the validity of the findings in law; Finally, we should specify the remedies available to the parties. In order to achieve family harmony and social stability, the work of family trial needs to become more scientific and professional.

Overview, Concepts, Viewpoints to the Possibility of Legal Regulation of Artificial Intelligence Technology

The purpose of the study is to disclose the concept of "artificial intelligence", to outline the possibilities of legal regulation of AI. The article considers the studies of various authors, among which it is necessary to name P.M. Morhat, A. Romaglio, V.L. Entin. The scientific novelty of the work lies in the fact that the category of "artificial intelligence" is considered from the position of the legislation of the Russian Federation, as well as based on the opinion of domestic and foreign scientists. As a result, based on the comparative analysis of information contained in the works of various authors, regulatory legal acts of the Russian Federation, foreign judicial practice, it is concluded that representatives of the legal and scientific communities demonstrate the lack of consensus on the question of whether the units of artificial intelligence and neural networks can be subjects of copyright. A. Ramalho is convinced that AI units cannot be subjects of copyright, which is confirmed by the analysis of the following court decisions: Decision of the Court of Appeal of the Federal Court of Australia dated 13.04.2022, Decision of Shenzhen Nanshan District People's Court dated 24 December 2019. The opposing view is reflected in the Japanese "Intellectual Property Strategy Program 2016", which uses the following argument: it seems impossible to distinguish the product of AI units from human intellectual products. It is impossible to agree with this, as the images generated by neural networks often cause the "uncanny valley" effect in people; no neural network has been able to pass the Turing test so far.

The System of The Trial Agencies that Resolve Civil Cases in Vietnam Currently

Purpose: the aim of this study was to the system of the trial agencies that resolve civil cases in Vietnam currently. Theoretical framework: Currently, the number of civil cases tried every year in Vietnam is increasing rapidly. According to statistics from the Supreme People's Court, on resolving civil, marriage and family, business, trade and labor cases, in 2021, the Court handled 411,299 cases, with 324,813 resolved and adjudicated, reaching a rate of 79%. In 2022, the Court handled 444,402 cases, with 386,944 cases resolved and adjudicated, reaching a rate of 87.07% (Supreme People's Court, 2021). Design/methodology/approach: To meet the needs and demands of judicial work, the People's Court system is increasingly being organized scientifically and strictly. Especially since the establishment of the 2014 Law on Court Organization, the People's Court system in Vietnam has changed greatly compared to the time before this particularly important law took effect. Findings: However, with the impact and influence of international integration and economic and social development, the adjudication of civil cases in Vietnam always poses demands on the People's Court system. Discussion: Therefore, currently, research on the structure of the judicial agencies that resolve civil cases has become especially important and necessary in Vietnam, to promptly find solutions to improve their operational efficiency and perfect the law.

Research on the Modernization of China's Court trial System

Abstract: To realize the modernization of trial work, the trial system is the foundation. Raise the flag and go steady and far. Since the modernization process, significant progress has been made in the reform and optimization of the functional system of the people's court, laying a solid foundation for the modernization of the trial system. The key to promoting the modernization of the trial system is to optimize the functional system of the court institutions, focusing on solving problems such as standardized institutional setup, coordination of functional exercise, and efficient system operation. In the reform of the functional system of the court institution, it is necessary to make overall plans to improve the system and mechanism, take good care of the coordination of the upper and lower left and right, and promote the real "chemical reaction" of the reform.

Authoritarian legality with Chinese characteristics

ABSTRACT In recent years, the concept of authoritarianism has risen to prominence in the community of legal scholars studying non-democratic regimes. China’s legality is also described as authoritarian. However, what does it mean to label China as having a system of authoritarian law? The concept of authoritarianism, and by extension, authoritarian legality, is yet underexamined. This article discusses how China, as a single-party state, differs from other authoritarian regimes in developing its own brand of authoritarian legality that I describe as legal gradationalism. China's authoritarian legality is characterized by a rejection of judicial independence and the mixing of law and quasi-law instruments. Drawing from Shucheng Wang's Law as an Instrument, I propose that a gradationalist approach to Chinese legality allows us to more fully understand the behaviour of Chinese courts and the intriguing dynamics between the Supreme People's Court (SPC) and the local courts.

Иностранное судебное решение и недействительность арбитражного соглашения (анализ решения Апелляционного суда г. Берлина от 18.05.2006)

The article includes an analysis of the judgment of the Court of Appeal (Kammergericht) of Berlin dated May 18, 2006, concerning the refusal to recognize and enforce the award of the International Chamber of Commerce (ICC) (place of arbitration — China). As an argument for refusal to recognize and enforce the foreign arbitral award, the Berlin Court of Appeal referred to: 1) recognition in Germany of the decision of the Wuxi People's Court to set aside the arbitral award (invalidity of the arbitration agreement); 2) invalidity of the arbitration agreement from the point of view of the applicable law. In our view, the recognition of a foreign judicial act on the annulment of an arbitration agreement contradicts the obligations of the state under the New York Convention 1958, as this international treaty reserves the possibility for the state to recognize and enforce a foreign arbitral award even despite its cancellation in the state rendering. It appears that in this matter the German court should first of all proceed from the invalidity of the arbitration agreement in terms of the applicable law (the law of the People's Republic of China).

Characteristics and Countermeasures of Assisting Information Network Criminal Activities

In the context of the era of big data, the crime of assisting in information network crimes (hereinafter referred to as "aiding and abetting crimes") has shown a high incidence and wide coverage, and it is also a key hub for many information network crimes, which seriously hinders the social management order and the property security of the masses, and undermines the normal, safe and orderly development of cyberspace. This article summarizes the types and characteristics of aiding and abetting crimes and the causes of their high incidence by analyzing the adjudication cases of aiding and abetting crimes in a district people's court in Chengdu in 2021 and 2022, and proposes corresponding governance measures to carry out necessary prevention and control of aiding and abetting crimes, in order to minimize the high incidence of aiding and abetting crimes and maintain social order and the legitimate rights and interests of the people.

Consensus and Compulsion: The Extra-territorial Effect of Chinese Judicial and Specially-Invited Mediation in Common Law Countries

This article conducts exhaustive research on case law in major common law jurisdictions (Australia, Canada, Hong Kong, New Zealand, Singapore, the UK, and the US) regarding the recognition and enforcement of Chinese judicial mediation decisions (MTS). In contrast to the rich literature criticizing the systematic deficiency of Chinese judicial mediation where an adjudicator plays the dual role of mediator and judge in the same case and the consequent injustice to the parties, the deficiency is not an issue currently in recognition and enforcement of MTS in common law jurisdictions. Why is this so and what would be the future trend? Answering these questions, this article explores the recent expansion from judicial mediation to Specially-Invited Mediation at the people's courts in China and discusses whether the features of Specially-Invited Mediation impact the recognition and enforcement of MTS at the common law jurisdictions. It also addresses controversies on applicable law, challenges to the enforceability of civil liability clauses, debates on the finality of MTS, and recognition and enforcement of MTS under China's judicial assistance agreements, the Hague Choice-of-Court Convention, the Hague Judgments Convention, and the Singapore Mediation Convention.

Precedential Value of Judicial Decisions in Increasingly Hybridised Civil Law Systems: Chinese Choreographies at the WTO

AbstractPursuant to Article 63 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), a state may require other treaty parties to disclose their intellectual property case law ‘of general application’. While most domestic judgments in common law are indeed of general application, civil law systems theoretically employ judgments as reference only. Nevertheless, to value consistency and predictability, the hybridisation of civil law jurisdictions is increasingly leading them to devise special lists of judgments that acquire formal or factual binding status on lower-ranked courts. This trend is particularly evident in China, whose Supreme People's Court's ‘Guiding Cases’ join other specific categories of holdings within ‘Judicial Interpretations’ and further guideline documents that are factually binding domestically. When the United States and the European Union requested, through the World Trade Organization, that China disclose the full range of its case law of general application, China responded that civil law jurisdictions do not issue judgments that are binding beyond the parties. This article examines the limitations and merits of the Chinese stance.

Can strengthening environmental justice promote carbon reduction? Evidence from environmental courts in China.

Environmental justice is an important safeguard for pollution control, and this paper is interested in its ability to promote carbon emission reduction. One unique facet of reinforcing local environmental justice involves the establishment of environmental courts by Intermediate People's Courts. Taking this as the starting point, this study constructs a quasi-natural experiment to investigate the strengthening of urban environmental justice. Analyzing empirical data from 283 prefecture-level cities in China spanning 2006 to 2019, we employ multi-period and spatial difference-in-differences approaches to probe the impact of environmental justice strengthening on carbon reduction. Our results indicate a substantial contribution of strengthened environmental justice to reducing carbon emissions. Specifically, the establishment of environmental courts can curtail carbon emissions by an estimated range of 11.7 to 12.9%. Also, the mechanism analysis underscores that the carbon reduction effect primarily arises from enhanced efficiency in processing environmental cases. Moreover, this effect is notably pronounced in regions with robust governmental environmental regulations. Notably, in areas with limited public environmental concern, environmental courts effectively complement existing environmental regulations. Furthermore, a significant positive spillover effect of environmental courts on carbon emission reduction is observed in geographically adjacent economic zones.

Legal regulation of surrogacy parentage determination in China.

Unlike natural conception and other assisted reproductive technologies, surrogacy involves three crucial factors: family legislation, family ethics, and reproductive technology. This makes the determination of parentage in surrogacy more complex. In China, surrogacy is completely prohibited by law. However, this prohibition has not diminished the interest in discussions around the family ethics, order, and relationships affected by surrogacy. In practice, disputes over parentage and child custody arising from surrogacy urgently need resolution through judicial practice. The current legal framework in China lacks clear regulations to address the complexities of surrogacy, leading to numerous unresolved disputes. To address this issue, it is advisable for China to enact clear legislative measures to govern parent-child relationships in surrogacy cases. This paper presents legislative recommendations for regulating surrogacy in China, with the hope that the judicial interpretations of the Supreme People's Court of China can provide clear legal regulations on surrogacy during revisions.

The Criminal Justice Practice and Experience of Corporate Compliance in China

In the 21st century, because ZTE Corporation was subject to US sanctions and penalties in the first half of 2018, which caused widespread concern in the international community and heated discussion in the domestic legal community, the Enterprise Compliance Plan was highly concerned and warmly responded in Chinese Mainland.[5] Looking at the response and implementation of corporate compliance in China, it has gone through a process of introduction and standardization by central and state-owned enterprises, and acceptance and institutionalization by private enterprises. In the process of handling criminal cases, the Supreme People's Procuratorate actively promotes the implementation and development of corporate compliance in China through the procuratorial work mechanism, accumulating rich judicial experience, and transforming the "imported" corporate compliance mechanism into an important part of China's economic development and legal implementation. Currently, the Supreme People's Court is also gradually considering the positive significance of corporate compliance in specific cases in its judicial work, and making reasonable considerations in specific judgments accordingly. Against this backdrop, it is obviously of positive significance to summarize the practical experience of criminal justice in the implementation of corporate compliance, analyze and look forward to the future legal mechanism for implementing corporate compliance plans, and promote the implementation of corporate compliance in China from the perspective of socialist rule of law concept and system, so that it can serve China's economy and enterprise development.

The development of China's electronic case file regulations and its future implications

Following the issuance of a set of guiding opinions by the Supreme People's Court and Supreme People's Procuratorate in 2016, China has developed a preliminary framework to regulate the preparation, transfer, and use of electronic files. This paper sets out the key features of this framework, highlighting in particular the usefulness of electronic case files as procedural evidence to safeguard the integrity of the criminal justice process. This paper argues that such measures contribute significantly to improving procedural justice and judicial independence in contemporary China. However, further technological and legal rules are needed to address security concerns arising from the use of electronic files. The use of electronic case files is accompanied by new vulnerabilities in the criminal process in the form of data leakage, malicious tampering, and file losses. If these concerns are sufficiently addressed, the further integration of cutting-edge technology could improve the protection of the rights of the accused, reduce latent judge bias, and provide further clarity on the legal status of electronic case files in China.

The dilemma and improvement of anti-suit injunctions in standard-essential patent litigation in China

Allocating jurisdiction and harmonizing anti-suit injunctions (ASIs) in concurrent litigation is a challenging task due to the complex and transnational nature of standard essential patent (SEP) licensing concerns. Notably, in the case of Huawei v. Conversant, the supreme people's court (SPC) of China demonstrated ingenuity by applying the act preservation system to issue the country's first ASI. This was done using a “five-factor framework” that considered the fairness and necessity of preservation measures, the parties’ interests, the public interest, and international comity. Chinese courts have subsequently utilized this framework in several cases to issue ASIs with more extensive and varied scopes. This shift indicates China's transition from a passive recipient to an active participant in ASI matters. Nevertheless, it is important to note that China lacks a legal foundation that explicitly permits the use of ASIs, necessitating further clarification regarding their circumstances of application.This article argues that directly applying the act preservation system to the ASI system lacks sufficient justification or may be constrained by the law, thereby granting judges greater discretion. By comparing Chinese ASI with traditional Western ASI, it becomes apparent that the impact of act preservation does not extend to international litigation and is more akin to an “injunction,” restricting the parties’ tort. Consequently, China should adopt a construction model of the act preservation system, incorporating the guiding principles of the ASI system, as well as the supporting appeal and retrial system, into its Civil Procedure Law. Additionally, providing judicial interpretation to elucidate the specific conditions for ASI application would be beneficial. These efforts have the potential to foster the development of a more predictable and stable international patent system. This, in turn, would benefit both patent owners and implementers, promote innovation, and facilitate global economic development.

On the Rationality Principle of Administrative Litigation in Substantive Resolution of Administrative Disputes

Through the analysis of the administrative second-instance case of Tianchang Aimeiyi Clothing Processing Factory v. Chuzhou Radio, Television, Press and Publication Bureau, when the Anhui Provincial Higher People's Court conducted the second instance of this case, it was mainly the application of the principle of administrative rationality, thereby affecting the administrative penalty behavior and the first-instance judgment was changed. First, the author elaborates on the general theory of the principle of administrative rationality. The connotation of the principle of administrative rationality is mainly expressed as the principle of administrative fairness and justice, the principle of considering relevant factors and the principle of proportionality. Secondly, the author elaborates on the principle of administrative rationality based on this case and relevant practice. The actual situation mainly includes the obvious inappropriateness of discretionary administrative actions and the lack of application of change judgments; thirdly, the analysis of the current causes of the principle of administrative rationality mainly includes two aspects: administrative efficiency and responsibility and the use of judicial change power; finally, the administrative rationality principle The practical application of sexual principles puts forward corresponding suggestions for improvement.

Osobennosti deyatel'nosti oblastnogo suda i narodnyh sudov Kirovskoj oblasti v period Velikoj Otechestvennoj vojny i v pervye poslevoennye gody

The article analyzes the work of the judicial institutions of the Kirov region in 1941-1946, the statistical data on criminal cases considered by the regional court during the war years are given, as well as the qualitative indicators of the work of the people's courts of the Kirov region for this period are analyzed. In addition, the article examines the verification of the statements of the people's judge of the Kirov region O.P. Martynova, carried out in 1949, the memorandum of the head of the Department of the Ministry of Justice of the RSFSR in the Kirov region VYa. Oparin, the written explanation received from O.P. Martynova are analyzed. The research reflects the progress of the audit and its results, shows the attitude of various responsible persons to the ongoing activities.

Legal Risks and Prevention of Taiwanese Businessmen's Anonymous Investment in Mainland China: Centered on the Judicial Interpretation of the Supreme People's Court of Mainland China and the Way of Risk Prevention

Legal Risks and Prevention of Taiwanese Businessmen's Anonymous Investment in Mainland China: Centered on the Judicial Interpretation of the Supreme People's Court of Mainland China and the Way of Risk Prevention

On the judicial application of United Nations Convention on Contracts for the International Sale of Goods in China

Under the background of economic globalization and the increasing and in-depth trade among countries, the United Nations Convention on Contracts for the International Sale of Goods (CISG), which was implemented in 1988, has become the most important international uniform law to regulate international trade conflicts. In recent years, with the continuous improvement of globalization, CISG has been widely applied in the judicial practice of various countries. But as a result of the treaty is a compromise between different countries, the adjustment principle, causes in the judicial practice there are some limitations. This situation means that although the Treaty is applicable to many countries, each country may have different standards and interpretations. Although China is a party to the CISG, it was only after China became the world's second largest economy that the convention really received attention in academia. But the new civil code of the international treaty to make no rules. Although the Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Cases concerning International Sale of Goods issued by the Supreme People's Court in 1987 can be applied in judicial practice, the lack of specific provisions has led to different judgments by different courts and arbitration bodies. The Supreme People's Court on the international sale of goods cases to explain some issues of applicable law in the regulation of content is extremely limited, unable to cope with the complexity of case treatment, there is no specific steps to perform the convention provides guidance. Against this background, this article discusses the judicial application of the CISG in China, and offers suggestions and recommendations based on the study of the Convention and its practical application.

Innovation of Law Education Model in Applied Colleges and Universities Based on Big Data and Artificial Intelligence

Relying on the nation's first judicial big data research base for people's courts in Southeast University, Southeast University Law School has set up a training direction for graduate students in legal big data and artificial intelligence, and explored the “three-dimensional, small-scale, wide-ranging, and large-scale ecology.” The concept of “meta-integration” of legal postgraduate talent training will build a “four-in-one” legal big data and artificial intelligence postgraduate talent training system, so that the leading position of legal big data and artificial intelligence in leading disciplines will be gradually established, and the training effect of leading talents will be established. In addition, the establishment of a teaching feedback mechanism can also provide important guidance for how to improve artificial intelligence in legal education. This paper applies the data mining technology to the legal education in colleges and universities and comprehensively expounds the basic theories and methods of data mining.