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German Working Papers in Law and Economics
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Volume 2004

AUTHOR:
Qing-Yun Jiang

TITLE:
Court Delay in Developing Countries with Special References to China

SUGGESTED CITATION:
Qing-Yun Jiang (2004) "Court Delay in Developing Countries with Special References to China", German Working Papers in Law and Economics: Vol. 2004: Article 36.
http://www.bepress.com/gwp/default/vol2004/iss1/art36


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ABSTRACT:

The judiciary in developing countries is troubled with various problems. Specifically, court delays, backlogs and uncertainty associated with unexpected outcomes have diminished the quality of justice and leads to loss of confidence of the general public in judiciary. Court delay is always coupled with impartiality, corruption and low quality of judgment, etc. The reform program needs to address the major causes of the deterioration in the quality of court services and address the root political, economic causes of an inefficient and inequitable judiciary and not simply deal with its symptoms. Like many other judiciaries in developing countries, court delay is also a problem facing the jurisdiction in Chinese courts, especially in appeal and retrial procedure. Based on empirical study, this paper will also illustrate the major causes of court delay as well as difficulties of law enforcement in Chinese jurisdiction. In particular, some special references are made to the retrial procedure and the roll of the Trial Committee in the course of jurisdiction, as well as accessibility to the courts.




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