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(drafted by Liu Zuozhen and revised by Tu Guangjian) In recent years, China has put much emphasis on foreign-related rule of law. China’s top legislature has prioritized and made significant progress in foreign-related legislations across various legal domains, including civil, commercial, economic, administrative, and procedurallaws.
Choice of Law Most Chinese courts tend to apply lex fori on the effectiveness of asymmetric choice of court agreements. Chen Jianbao , Beijing Fourth Intermediate Peoples Court pointed out that CPL allows parties to a contract the right to select the court by agreement, which reflects party autonomy in civil procedurelaw.
American private international law (Conflict of Laws, “Conflicts Law”) addresses procedure (jurisdiction of courts, recognition of judgments) as well as the choice of the applicable law. The following comments first recall the role of restatements in American law.
Keywords- Amendment of Pleadings, Civil Procedure Code 1908. The principle followed in Civil ProceduralLaw is that the Court procedures and rules are designed to achieve substantial justice. Introduction. They cannot be changed except for the Judge’s discretion and the trial proceeds only within the pleadings made.
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