Buyankhishig Bat-Erdene
National University of Mongolia
Problem and Purpose: The brief introduction to Mongolian Civil Procedure Law (=CPL) in this article aims to evaluate pros and contras of the main reforms in the CPL since enacting the Constitution of 1992, the Civil Code and the CPL itself in 2002. The researchers held the transition from socialist law system into continental law tradition based on liberalism and social state successfully accomplished. But a fundamental reorganization of the legal system has not reached yet, especially the development of civil procedure rules and principles shows that the structure, style, ideological model and transitional regulations of the previous laws interacted with the new norms, methods and mechanisms of the reform, thereby influencing the formation of a mixed model in the legal environment. Methods: So, the main reforms and the further need for reforms will be discussed here under the spotlight of mixture of those legal methods which are persistent in the CPL of Mongolia from a comparative view to the old system. In comparison to the western countries, Mongolia faces many difficulties in the procedural law field caused by transition and rapid development of the environment. Results: The reform process did not stop at reforming the legal environment, but rather changed the regulatory structures of received norms, which led to a mixed structure that combined old and new in Mongolia. Generally, the judicial reform in Mongolia from 2021 has reached its goals and ended with new definition of Supreme court power. The digitalization of the justice is a continuous process, which arises the problems of digital evidence etc. In order to simplify the judiciary, the inclusion of low-cost case resolution procedure in CPL instead of dunning procedure shows that model procedures or class action models will come to good to the willingness of the Mongolian legislator to reform. Conclusion: Civil procedural law must not remain as resistant to reform as substantive law in order to be in line with new developments of technology and the economy so that participants in economic transactions can exercise their procedural rights in a timely manner. In this regard, new expected reforms are welcome, even institutes from different legal families can be transformed into domestic law, especially since the two major legal families have developed closely together.
Article link: https://www.asianinstituteofresearch.org/lhqrarchives/legal-receipts-and-reforms-in-civil-procedure-law-of-mongolia
Comments