Court Delay and Law Enforcement in China: Civil process and economic perspective

Description

Many countries, especially developing countries, have experienced how difficult it is to make their judiciary systems function. Court delays, backlogs and uncertainty associated with unexpected court outcomes affect the quality of justice. On the basis of an empirical study and taking a comparative as well as an economic perspective Qing-Yun Jiang analyses the problem of court delay and law enforcement in China. He shows that delay is not a serious problem in the lower courts in respect to trial cases, but mainly in appeal cases and retrial cases, which require more time. Moreover, the study confirms that law enforcement has been an obstacle for the development of market economy and a bottleneck of the judiciary. The author concludes that judicial reform should not only deal with symptoms, but with the roots of the political and economic structure. Front Matter....Pages I-XVI Introduction....Pages 1-6 Special Problems of the Judicial System in Developing Countries....Pages 7-23 Legal System and Civil Process in China....Pages 24-66 A Survey of the Functioning of Court System: Duration of the Courts....Pages 67-168 A Survey of Litigation Costs, Court Budgets and Access to Justice....Pages 169-195 The Problem of Enforcement of Judgments by the Courts....Pages 196-226 Summary and Policy Recommendations....Pages 227-243 Back Matter....Pages 244-265