Asian Law Centre
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ItemLegal Services under the China-Australia Free Trade Agreement: Surveying the Landscape(Asian Law Centre, University of Melbourne, 2015)The developments concerning the China-Australia Free Trade Agreement (ChAFTA) have generated a high-level of interest, both in Australia and abroad. This paper considers the benefits of ChAFTA in terms of facilitating trade in legal services and examines the claims and expectations in this regard. The paper concludes by suggesting that the benefits of ChAFTA in relation to legal services are qualified and need to be viewed in the context of other significant developments.
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ItemA Brief Introduction to the Chinese Judicial System and Court Hierarchy(Asian Law Centre, University of Melbourne, 2017)This paper provides a concise and practical summary of the structure of the Chinese judicial system and court hierarchy, explains key legal processes under Chinese procedure law, and examines the role and functions of courts. In offering this introduction to the Chinese judicial system, the paper also discusses key concepts in the Chinese judicial system that do not have directly equivalent counterparts in the Australian judicial system, including: collegiate panels (合议庭); judicial committees (审判委员会); people’s assessors (人民陪审员); and the people’s procuratorates (人民检察院) (public prosecutor). The paper also outlines some of the recent reforms introduced by the Communist Party’s Central Committee in their Third and Fourth Plenum decisions on judicial reform adopted in 2013 and 2014 respectively.