Some Aspects of the Correlation between the Adversarial Principle and the Role of Court in a Civil Procedure: Comparative Characteristics of Russian and Chinese Laws

Abstract

The development of partnership relations between Russia and China, the multiple increase in trade between our countries, the implementation of joint projects in various fields have sparked a surge of mutual interest in a comparative study of our rule of law. The article reveals the role of the court in establishing factual circumstances in civil proceedings in the judicial legal systems of Russia and China. The authors consider the correlation of the principle of adversarial parties with varying degrees of court activity in establishing objective truth, analyze the difference in the role of the court in collecting evidence in Russian and Chinese procedural law. Presented for discussion: the question of the right of the court in a lawsuit to collect evidence at its own discretion and the conclusion that the principle of adversarial process in the evidence process can and should be combined with a reasonable activity of the court in order to ensure the implementation of this principle.