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This chapter sums up the key research findings, and concludes with recommendations for further research. The key findings concern three inter-related respects that shape the governance structure for charitable trusts – legal, administrative, and contractual. Next, based on the problems and deficiencies identified in the current legislative framework, this chapter highlights three areas where future research may be required. The first relates to the reform of governance rules concerning Chinese charitable trusts. The second area lies in the broad implications that reforms for charitable trusts may have for other institutional bodies (e.g., foundations and social associations) pursuing charitable causes in China. The third area concerns the assessment of the charitable trust model’s potential in fulfilling the state’s goal of promoting charitable undertakings.
Commencing proceedings is one of the most important steps in litigation and, for most cases, it signals the first involvement of the court in the dispute. However, there are important considerations for a plaintiff before commencing proceedings even when the plaintiff is confident litigation is the best way to proceed. This chapter will also consider these precursors to commencing proceedings.1
This chapter focuses on obtaining information and documents other than through interparty discovery. As for interparty discovery,1 this chapter concerns the pre-trial collection of information and potential evidence which is critical to all four of the key balancing themes in civil procedure, particularly balancing efficiency with due process and balancing privacy and openness.2 The ability of parties to access relevant information to prove their case is essential for due process, but can be costly and inefficient if not managed well and can impose unfair burdens on unrelated parties whose only involvement is their possession of relevant information. The processes discussed in this chapter (other than FOI applications) are all interlocutory procedures which are commonly commenced through motions in court or as part of agreed court timetables.
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