Revision of Chinese Civil Procedure Law in 2021: Relieve the Judiciary and Speed Up Proceedings

Abstract

On December 24, 2021, the Standing Committee of the National People’s Congress revised the Civil Procedure Law in pursuit of the Chinese legislature’s goal of relieving the judiciary and speeding up proceedings. It looks to fulfill this goal by extending the jurisdiction of a sole judge (instead of a collegial bench) and by enacting related changes to the summary procedure. The procedure should be sped up by virtual proceedings, electronic service of procedural documents and shorter time periods for service through public notice. Other amendments concern the confirmation of out-of-court mediation agreements and adapting the Civil Procedure Law to the legal situation that has resulted from entry into force of the Civil Code on January 1, 2021. Furthermore, these amendments to the Civil Procedure Law shed light on legislative practice with regard to the treatment of internal references in the revision of laws.