Court Delay and Law Enforcement in China; Civil process and by Qing-Yun Jiang, Prof. Dr. Hans-Bernd Schäfer

By Qing-Yun Jiang, Prof. Dr. Hans-Bernd Schäfer

Many nations, particularly constructing international locations, have skilled how tricky it really is to make their judiciary structures functionality. courtroom delays, backlogs and uncertainty linked to unforeseen cout results have an effect on the standard of justice.

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Thus, though precise rules may have higher generating costs, it will deter judges from taking time to figure out whether the standards are violated or not, thus avoiding the delay and corruption by speeding up the process. 6. Law's Enforcement Law's enforcement constitutes another problem nowadays. The effectiveness of law enforcement does not only depend on the decision of the courts, but also on the behavior of the law enforcing authorities, like land registries or enforcement officers. 65 In many developing countries, the court decisions or orders are difficult to enforce due to the following reasons: first, the enforcing officers have weak discretion in dealing with the cases involving local interest and lack of arbitrariness in enforcing the law, this has again much to do with the independence of judiciary when the local governments or parties can influence the executors; secondly, it is very common that the court's decisions or court's orders are difficult to enforce when the respondents are out of the territorial limit of the original courts, the coordination of the courts is weak in such situation.

It originates not only from the necessity to enhance "access to justice" and tackle the problem of court delay, high litigation cost and enforcement of law, but also the necessity to establish an impartial court system in which judicial independence can be guaranteed. The reform faces great challenge since the problem of localism has damaged the uniform rules of law and the authority of the judicial system, and the incompetence of judicial personnel lead to low quality of judgment. The problem of interference and corruption has frustrated the confidence of the general public.

The problems facing the judiciary will serve as a basis for the empirical study on the civil process in China with respect to court delay and its costs in Chapter 3. II. The Development of Chinese Legal System in Brief To anthropologists, law is an active cultural phenomenon. To sociologists, law is a 'Sein', namely, it is concrete social facts and social norms. But according to judicial dogmatists (Rechtsdogmatiker), law is considered a strictly logical 'Sollen', in another words, the culture and the whole society are the background of the law.

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