A Course taught by Prof. CHEN Weizuo (Saarland) for the Juris Master (LL.M.) Program in Chinese Law at Tsinghua University School of Law
CHEN Weizuo
Professor and Director of the Research Centre for Private International Law and Comparative Law, Tsinghua University School of Law, Beijing, China;
Doctor of Laws, Wuhan University, China;
professeur invité à la Faculté internationale de droit comparé de Strasbourg, France (since 2003);
Humboldt Research Fellow at the Max Planck Institute for Comparative and International Private Law (Max-Planck-Institut für ausländisches und internationales Privatrecht), Hamburg, Germany (since 1 January 2012);
Taught a special course in French on La nouvelle codification du droit international privé chinois (The New Codification of Chinese Private International Law) from 30 July to 3 August 2012 at the Hague Academy of International Law during its 2012 summer session of private international law, published in Recueil des Cours (Collected Courses of the Hague Academy of International Law), tome 359 (2012)/Volume 359 (2012), Martinus Nijhoff Publishers, Leiden/Boston 2013, pp. 87-284.
Address:
Prof. Dr. Dr. CHEN Weizuo
Tsinghua University School of Law
100084 Beijing, China
Tel.: ++86(0)10-62794356 (office), 13522462678 (portable)
E-mail: chenwz@mail.tsinghua.edu.cn
Office: Room 424, Mingli Building, Tsinghua University School of Law, Beijing
Objectives
The main objective of this course is to provide international students with basic knowledge of Chinese civil procedure and the conflict of laws. In particular, the course expounds civil lawsuits that are filed in accordance with the Chinese code of civil procedure (Civil Procedure Law of the People’s Republic of China), other statutes and judicial interpretations, as well as choice of law rules determining the law applicable to civil relationships involving a foreign element. The course provides succinct explanations of essential issues, fundamental principles and particular institutions in Chinese civil procedure and the conflict of laws.
Main Contents
The course begins with a survey of the Chinese procedural law and an overview of Chinese civil procedure and then focuses on essential aspects of court jurisdiction and trial procedure in civil matters. In view of the traditional importance of alternative dispute resolution (ADR) in China, mediation (conciliation) and arbitration are also discussed with corresponding comparisons to civil procedure.
The course also discusses issues relating to the conflict of laws, i.e. international jurisdiction under the Chinese international civil procedure law, recognition and enforcement of foreign judgments as well as Chinese choice of law rules. Focus is directed toward the Chinese Statute on the Application of Laws to Civil Relationships Involving a Foreign Element of 28 October 2010, which entered into force on 1 April 2011 and the judicial interpretation issued by the Supreme People’s Court issued on 10 December 2012 (entered into force on 7 January 2013).
Organization and Requirements
Active participation in discussions of various topics covered by the contents of the course is always encouraged. In order to have meaningful discussions and to learn as efficiently as possible, students are required be present in class.
CHEN Weizuo
Professor and Director of the Research Centre for Private International Law and Comparative Law, Tsinghua University School of Law, Beijing, China;
Doctor of Laws, Wuhan University, China;
professeur invité à la Faculté internationale de droit comparé de Strasbourg, France (since 2003);
Humboldt Research Fellow at the Max Planck Institute for Comparative and International Private Law (Max-Planck-Institut für ausländisches und internationales Privatrecht), Hamburg, Germany (since 1 January 2012);
Taught a special course in French on La nouvelle codification du droit international privé chinois (The New Codification of Chinese Private International Law) from 30 July to 3 August 2012 at the Hague Academy of International Law during its 2012 summer session of private international law, published in Recueil des Cours (Collected Courses of the Hague Academy of International Law), tome 359 (2012)/Volume 359 (2012), Martinus Nijhoff Publishers, Leiden/Boston 2013, pp. 87-284.
Address:
Prof. Dr. Dr. CHEN Weizuo
Tsinghua University School of Law
100084 Beijing, China
Tel.: ++86(0)10-62794356 (office), 13522462678 (portable)
E-mail: chenwz@mail.tsinghua.edu.cn
Office: Room 424, Mingli Building, Tsinghua University School of Law, Beijing
Objectives
The main objective of this course is to provide international students with basic knowledge of Chinese civil procedure and the conflict of laws. In particular, the course expounds civil lawsuits that are filed in accordance with the Chinese code of civil procedure (Civil Procedure Law of the People’s Republic of China), other statutes and judicial interpretations, as well as choice of law rules determining the law applicable to civil relationships involving a foreign element. The course provides succinct explanations of essential issues, fundamental principles and particular institutions in Chinese civil procedure and the conflict of laws.
Main Contents
The course begins with a survey of the Chinese procedural law and an overview of Chinese civil procedure and then focuses on essential aspects of court jurisdiction and trial procedure in civil matters. In view of the traditional importance of alternative dispute resolution (ADR) in China, mediation (conciliation) and arbitration are also discussed with corresponding comparisons to civil procedure.
The course also discusses issues relating to the conflict of laws, i.e. international jurisdiction under the Chinese international civil procedure law, recognition and enforcement of foreign judgments as well as Chinese choice of law rules. Focus is directed toward the Chinese Statute on the Application of Laws to Civil Relationships Involving a Foreign Element of 28 October 2010, which entered into force on 1 April 2011 and the judicial interpretation issued by the Supreme People’s Court issued on 10 December 2012 (entered into force on 7 January 2013).
Organization and Requirements
Active participation in discussions of various topics covered by the contents of the course is always encouraged. In order to have meaningful discussions and to learn as efficiently as possible, students are required be present in class.