China has passed an amended Civil Procedure Law, which provides parties with wider remedies and greater clarity to court procedures. This amended law is an important development in China’s legal history and brings China’s civil procedures closer to international practices.
The Standing Committee of the National People’s Congress approved the amendment of the Civil Procedure Law on 31 August 2012. This is the second time that China has amended its Civil Procedure Law, promulgated in 1991. The recent amendment is more far-reaching and impacts the preliminary litigation steps, docketing process, interim remedies, evidence rules, judicial mediation, enforcement and public interest actions. The amendment will come into effect on 1 January 2013.
Major developments
The introduction of the interim injunctive mechanism for all types of civil cases is the most revolutionary change. Interim injunctions were previously limited to trademark, patent and copyright cases, and only granted to the plaintiff. Parties in all other cases will now be able to protect their rights by using this mechanism to restrain or compel certain activities.
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Business Law Digest is compiled with the assistance of Baker & McKenzie. Readers should not act on this information without seeking professional legal advice. You can contact Baker & McKenzie by e-mail at: Zhang Danian (Shanghai) danian.zhang@bakermckenzie.com
