Comparing the Civil Court Structures of Mainland China, Taiwan, Hong Kong and Macau from a Case Management Perspective

This contribution examines the interrelations between court structure (vertical, horizontal, and important and complex dimensions) and case management in four jurisdictions: Mainland China, Hong Kong, Macau and Taiwan. It also examines the legal historical roots of each jurisdiction’s civil procedure and explains how its legal tradition impacted on its contemporary case management system. It appears that all four jurisdictions have employed similar horizontal structural designs to deal with case management needs, for example the use of specialized divisions and courts for the purpose of channelling cases. The divergences are noticeable when it comes to vertical arrangements. It appears that for those jurisdictions that have a tradition of trial by a collegiate bench (usually with three adjudicators), the trend is that now more cases are being heard by a single judge under some form of summary procedure. Indeed, with limited judicial resources, courts must find a procedural arrangement that best optimizes resources.