Before seeing a "Southern Weekend" published the article -- "Chinese decision was first USA execution", feeling quite a lot, after several days of consideration, puts forward some comments:

 The case to give us inspiration for the most important thing is: the procedural justice is the fundamental guarantee for winning cases.

 All trials in this case can be seen, the case of the Hubei Provincial Higher People's court judges always adhere to the principle of trial procedure justice, the limitation of action, legal documents (summons) delivery, collection of evidence, the rights of the parties to litigation, and ensure the accuracy of the translation of the text details of legal instruments, all given sufficient attention, so that the decision to America application execution time, while the other party put forward arguments for many applications, but the related decision failed to refute our court, so the case smoothly. Imagine, if this decision have any procedural flaws, whether the case can be successfully implemented?

 The judgment and execution of the case can be seen in one of the main problems existing in the judicial practice of our country court, that is ignoring the problem of procedure justice. Compared with the American legal attention to procedural justice even better than substantive justice, judicial system, our court (judges) really should well reflect problems existing in judicial practice.

 The reason for me to handle steel tycoon Du Shuanghua and Song Yahong divorce cases caused great social repercussions, as MS. Song Yahong make a party totally unacceptable, lies in Hebei Province, Hengshui City Intermediate People's court in proceedings are irreparable mistake, completely denuded Song Yahong to participate in the lawsuit, filed an appeal rights, a serious violation of the marriage, property rights.

 There is a serious case of error of a program, how can only because the relevant provisions of the civil procedure law and legal defects and must maintain? So, if the Hengshui City Intermediate People's court and the Supreme People's Court of Hebei province to realize the impact of the existence of errors and the Du Shuanghua case of legal justice, then commuted, error correction is a must. Otherwise, our laws without obedience, no judicial authority and impartiality.

 For the convenience of the legislative, judicial professional staff to study the case, learning the successful experience in the case, the paper links on this, please judge.

"Chinese decision was first USA execution"

Author: Southern Weekend writer Lei Lei 2011-09-29 12:22:09
[Southern Weekend] in this paper:Http://www.infzm.com/content/63537

  For details of procedure, attaches great importance to fully respect, higher than the national standard of judicial, gave birth to the first China court for recognition and enforcement by USA.
  Hubei businessman Cai Hui inadvertently became a Sino American judicial assistance, the first person to eat crabs history.
  At the end of 2011 6, Cai Hui held in the hands of the Hubei Provincial Higher People's court ruling was performed in America, this is China court for the first time to be executed on the America. Cai Huiqi's Hubei Sanlian Industrial Co Ltd have giant Robinson Armament Co global helicopter production and total compensation of $600 million.
  Accept southern weekend interview of Wuhan University, Xiamen University international law scholars said, they had never heard a similar case between China and the United states.

   Chinese judge with high standards of judgment, get USA execution, the case should not be called the exception, but should become the domestic court practices of all cases.

 Previously, and I state judicial assistance treaty countries mutual recognition judgment case this can be counted on one's fingers, in no judicial assistance between many countries, only Germany and a few countries to recognize and enforce a Chinese court.
  The case sparked controversy in the law circle. Optimists argue that, since the two countries have not yet signed a bilateral judicial assistance treaties, the case may start two judicial mutual relations; prudence is that case too big chance, do not have to become "the case".
 Participants in the proceedings, but said the case to have a new understanding of the law of.
 "These years with the American court gave me very deep feelings, I believe the law, have awe of law." For this result, Cai Hui and his legal team for 17 years.
 The Hubei province high court judges also pleasantly surprised to find that careful and cautious and not in vain, their judgment obtained the foreign court approval. A private international law expert told the Southern Weekend reporter, America on Chinese judicial status is negative, the significance of this case, beyond the scope of international law.

  Back to the China from USA forced
  American "inconvenient court" principle, to kick back Chinese litigation; Usa Inc or too general, thought that even if China court sentenced to the other successful possibility, judgment is American accepted are minimal.
  Over 17 years of litigation, Cai Hui talked about the case, like a skilled legal experts have one's words at hand, the two laws. It never occurred to him, a case will be delayed for 17 years, "the first time I in America appeal lawyers had died".
  In February 24, 1994, the Robinson Armament Co, triple Industrial Company and Zhuo Cheng company (Robinson Armament Co Asian distributor) in Yichang signed sales contracts and China for dispute resolution arbitration clause. In accordance with the contract, triple industrial purchase Robinson Armament Co of an R-44 helicopter, and in the Chinese installation and test fee, a total of $293000.
  Did not expect this helicopter crashed a god. Fifteen forty-five on March 22, 1994, Cai Hui R-44 helicopter first passenger, but six minutes after take-off, the new helicopter crashed in Chongqing Fengdu in the territory of the main channel of the Yangtze River. Machine 3 passengers died, injuring the pilot was rescued.
Recall the crash scene, Cai Hui still have a lingering fear, but to deal with the aftermath will make his business almost to a standstill. The tourism sector not only to stop Cai Hui is operating the flight tourism projects, also revoked Cai Hui tourism business travel permit, the media asked about the cause of the accident also let Cai Hui struggling to cope with.
 Issued by the Civil Aviation Administration of China south of the accident investigation report concluded, "leading to the direct cause of the accident is likely to be mechanical failure, and production quality".
  The troubled Cai Hui, want to make a statement. He also found that, when the helicopter in other countries for quality problems.
Cai Hui initially did not expect to in the domestic prosecution. "Consider the execution of judgment, and America a punitive laws can increase the amount of compensation, we chose to go to USA court."
 The Robinson Armament Co directly to facilitate the investigation on the grounds, that the case should be China court jurisdiction. America California Losangeles County Superior Court hearing the case with "inconvenient court" principle, rejected the Sanlian industrial companies prosecution.
 The court Robinson Armament Co agreed to give up litigation prescription system, and the implementation of Chinese court. This is China court was eventually America executive buried the foreshadowing.
 Cai Hui said, the Robinson Armament Co is the venue forced back to the Chinese, lies in its understanding of China and the United States did not judicial assistance treaty, no mutual precedent, Chinese court America inevitable difficulties in execution. Some scholars said, Robinson or too general, thought that even if Chinese court sentenced to the other successful possibility, judgment is American accepted are minimal.
 Robinson Armament Co or even absent in China trial. In January 14, 2001 the Hubei province high court accepted the case, and make a ruling in 2004 December, most of the litigation request support triple industrial company.

  Chinese court careful craftsmanship
 Notice of court and judgments, not only notice, make sure to parties hand; the special court found the old professor of Wuhan University law school, the translation into the English.
 The case from the prosecution to the judgment, for 4 years.
 "The case can get the recognition and enforcement of the United States, mainly to do good in the procedure, if the slight defect, our decision will be knocked down." The trial of the case of Hubei Province Higher People's court judge of the fourth civil court judge Wang Gongrong told Southern Weekend reporter.
 In order to express thanks, Cai Hui also to the court sent a silk banner represents triple industrial company. Wang Gongrong served as She Xianglin case retrial judge, enjoy quite a reputation.
 Wang Gongrong as the presiding judge court thinks there is not direct contractual relationship between triple Industrial Company and Robinson, to think this is a tort action, the case was defined as the product liability disputes.
 In general, the trial will often use the service by public notice, simple and convenient. Before trial, civil court internal also served notice of court session of the modes are discussed. The judge think, the defendant in USA, delivery cost is too big, can be served by public announcement in the "people's Court Daily" and other media. But most of the judge, in Chinese newspaper announcement service can not guarantee that Robinson Armament Co can obtain trial information, should issue a written notice to the Robinson Armament Co in accordance with the "Hague Service Convention". Zhang Chuandu, vice president of Hubei province high court decided that, "to send!"
 After the first trial court notice, see America no reply on the court, but after the triple Industrial Company also informed the court to the Robinson Armament Co sent notice of court session address is wrong, and provides a new address. So, the court decided to review the case.
 USA court system of the instrument by a company called PFI service. In March 25, 2004, the second session two days before, the clerk asked the Supreme People's Court Affairs Department staff learned that the Robinson Armament Co has confirmed. At the time, received a court notice Robinson Armament Co has not sent to attend the trial, will give up the defense rights.
 A month later, the statutory period of Hubei province high court and the Supreme People's court has not received the Robinson Armament Co's appeal, decision effect automatically. "Every step to take into account the recognition and enforcement of foreign, not sloppy." Guo Zaiyu was served the case documents clerk, he said from the prosecution to the decision time for three years, he and his colleagues did not dare to relax.
 In order to make the translation to achieve the most accurate degree, the court also found an old professor at the Wuhan University School of law in related fields, the translation into the English, again through the Foreign Affairs Bureau of the Supreme Court to the United States to.
 "The judgment of 27 pages, many legal terms must consider is exquisite, not wrong, make a joke." Wang Gongrong says to the reporter.
 Guo Zaiyu said, when taking into account the interests of the parties to make the service selection in hindsight is very correct, American court pay special attention to the rights of the parties are respected, it will directly affect the execution of the judgment, "the notice served".

 Judicial notice terrible American
  American Court on the details of the demanding to hair color, eye color, a little carelessness will be grabbed handle; as long as the procedures done qualified, will get a fair deal.
 Later proved, meticulous work of Hubei high court judges, are not redundant.
 The court debate in the process America, Robinson Armament Co proposed "do not have access to accurate information, that the Chinese court hearing" ignore its rights, in violation of the requirements of procedural justice. Robinson Armament Co lawyers argue, they get file just said "from China file", and did not say that the court documents, to neglect the company, the problem quickly becomes a focus of court debate.
 Before, PFI service document receipt handy. This receipt is a 38 year old female Robinson Armament Co personnel Secretary sign these papers, that is directly related to the Robinson Armament Co personnel to sign the document, not ignoring the parties' right to know, the evidence obtained by USA court.
  In the receipt of documents, the reporter saw not only the way contact name signed on, even to indicate the receiver height, hair color, eye color.
 "American judicial procedure detailed terrible, accurate coherent details will make trial evidence is not overwhelming conviction." Guo Zaiyu felt American judicial system finally admitted that the decision, is the embodiment takes the procedural details.
  In spite of the China judicial procedure has been to "perfection", in the case of USA litigation process, still take six and a half years. Just do not care, "China type" approach, are likely to be rivals to seize the braids.
  Sanlian Industrial Company in American court prosecution had repeatedly rejected, many friends suggested that Cai Hui held a press conference in American disclosure case, forcing the Robinson Armament Co as soon as possible compensation. After careful consideration, Cai Hui and his lawyers or abandoned by public opinion pressure approach.
  Earlier, Cai Hui's lawyer team queries to the Robinson Armament Co, a wealthy son USA driving with a Robinson helicopter crash killed after the procedure, the rich held a grand press conference, the Robinson Armament Co that "trial by the pressure of public opinion" injustice, makes the whole case is stuck in the mud.
 "If the defendant seized my hand opinion tail, I won't be the odds, USA court revolted from the pressure of public opinion." Cai Hui said, the lawsuit and he meet in the domestic situation is not the same in American, China always wanted to find someone to court, always want to make use of the public opinion "without trial" of the law press. "But in the USA must understand their rules and habits, not blindly."
  As a businessman Cai Hui says to the reporter, in America procedural justice than substantive justice more attention. In particular, "their meticulous ensure fairness of their." He said that he has not given up the important reasons to play, he felt that as long as the reason in their side, be qualified in the procedure, will get a fair deal.
  When Cai Hui took the decision to America court for execution, as in the case of Robinson Armament Co in China court have limitation about defense, a federal district court in California had to support, triple Industrial Company appealed, the lawyer stressed the Robinson Armament Co have been made to give up time commitment, the court of Appeal held that the Robinson Armament Co had made give up defense commitment, the company refused to implement the results of losing, in violation of the "estoppel" principle.
  In 2009 July, the California District Court for retrial, the court support triple company's request, Hubei court admitted effect, the decision not to appeal to the Robinson Armament Co, USA Ninth Circuit Court in October of that year; in 2011 March, the ninth US Circuit Court of American barge to appeal. At the end of 2011 6, the Robinson Armament Co to perform the relevant indemnity obligation.
[Southern Weekend] in this paper:Http://www.infzm.com/content/63537