CIVIL LAW AND CIVIL PROCEDURE

Peculiarities of civil procedure in the People’s Republic of China: a comparative analysis with the Republic of Kazakhstan

Abstract

The article provides a comprehensive analysis of civil procedural law in the People’s Republic of China from a comparative legal perspective with the legislation of the Republic of Kazakhstan. The relevance of the study is determined by the deepening strategic partnership between the two states, the growing number of cross-border disputes, and the need for a clear understanding of the procedural mechanisms governing their resolution. The structure of the judicial system of the PRC is examined, including general and special courts, as well as the specific features of judicial organization in the Special Administrative Regions of Hong Kong and Macao. Particular attention is paid to the fundamental institutions of civil procedure: principles of justice, rules of subject-matter and territorial jurisdiction, types of proceedings, and the legal status of participants in civil litigation. The article further analyzes procedural rules governing cases involving foreign elements, including requirements related to legal representation and document legalization. Common features and conceptual differences between the procedural systems of China and Kazakhstan are identified, particularly regarding judicial independence, the doctrine of jurisdiction, and the regulation of electronic evidence. The study concludes that Chinese experience may serve as a valuable reference for improving Kazakhstani judicial practice and ensuring effective protection of the interests of domestic participants in civil commerce within the PRC.