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Supreme Courts in Transition in China and the West

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Supreme Courts in Transition in China and the West Synopsis

This edited volume looks at supreme courts in China and the West. It examines the differences and similarities between the Supreme People's Court of Mainland China and those that follow Western models. It also offers a comparative study of a selection of supreme courts in Europe and Latin America.  

The contributors argue that the Supreme Courts should give guidance to the development of the law and provide legal unity. For China, the Chinese author argues, that therefore there should be more emphasis on the procedure for reopening cases. The chapters on Western-style supreme courts argue that there should be adequate access filters; the procedure of reopening cases is considered to be problematic from the perspective of the finality of the administration of justice.  

In addition, the authors discuss measures that allow supreme courts in both regions to deal with their existing caseload, to reduce this caseload, and to avoid divergences in the case law ofthe supreme court.  

This volume offers ideas that will help supreme courts in both the East and the West to remove unmanageable caseloads. As a result, these courts will be better able to assist in the interpretation and clarification of the law, to provide for legal unity, and to give guidance to the development of the law.   


About This Edition

ISBN: 9783319848808
Publication date:
Author: Cornelis Hendrik Remco van Rhee, Yulin Fu
Publisher: Springer an imprint of Springer International Publishing
Format: Paperback
Pagination: 245 pages
Series: Ius Gentium: Comparative Perspectives on Law and Justice
Genres: International law
Arbitration, mediation and alternative dispute resolution
Commercial law
Legal systems: civil procedure, litigation and dispute resolution
Comparative law
Employment and labour law: general
Social law and Medical law