ABSTRACT

This chapter focuses on an examination of the major changes which have been made in civil trial reform since the post-Mao period. Such reforms have been initiated by the local courts and supported by the Supreme Peoples Court (SPC). This chapter first explores the transition of civil trials from taking an inquisitorial stance to a combination of both the inquisitorial and adversarial models. In this process of reform, both the law and judicial practice have emphasised the importance of procedural justice, which provides the impetus behind the shift from traditional civil trials to a more modern procedure. Secondly, mediation has proven to be a habitual strength in the settlement of civil disputes. The elements of political pressure with regard to the excessive use of judicial mediation cannot be underestimated. Finally, the discussion of the meagre record of the enforcement of civil judgments, which has generated public complaint and ultimately significantly undermined judicial authority during the course of the reform period.