The Changing Chinese Legal System 1978 Present

Author : Bin Liang
Publisher : Routledge
Page : 269 pages
File Size : 50,5 Mb
Release : 2007-12-12
Category : History
ISBN : 9781135903237

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The Changing Chinese Legal System, 1978 – Present by Bin Liang Pdf

This groundbreaking book examines the changing Chinese legal system since 1978. In addition to historical analyses of changes at the economic, political-legal, and social levels, Liang gives special attention to crime and punishment functions of the legal system, and the current judicial system based on field research, i.e., court observations in both Beijing and Chengdu. The court system has been in a process of systemization, both internally and externally, seeking more power and relative independence. However, traditional influences, such as preference of mediation (over litigation) and substantive justice (over procedural justice), and lack of respect (from the masses) and guaranteed power (from the political structure), still have major impacts on the building and operation of the judicial system. Liang also shrewdly places the Chinese legal and political reform within the global system. This book, which reshapes our understanding of the economic, political, and essentially legal changes in China within the global context, will be crucial reading for scholars of Asia, law, criminal justice, and sociology.

Author : Cai Dingjian,蔡定剑,王晨光
Publisher : BRILL
Page : 584 pages
File Size : 44,5 Mb
Release : 2010
Category : Law
ISBN : 9789004184190

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China's Journey Toward the Rule of Law by Cai Dingjian,蔡定剑,王晨光 Pdf

The Thirty years since China s reform and opening have been very eventful for the country s legal reforms, and this volume presents a multi-disciplinary look at the current scholarship going on in China on the subject. The articles have been translated into English to assist scholars worldwide in understanding China s recent legal history and also to help familiarize them with the currents of contemporary Chinese scholarship. Individual subjects include commercial law, the evolving relationship between the Chinese government and its citizens, administrative law and criminal justice. There are also chapters on newly emerging areas of the law that are crucial to China s future development, such as the chapters on environmental law and intellectual property. The volume also includes a chapter on legal education and the legal profession, judicial reform and the development of law to protect the rights of the disadvantaged.

Author : Pitman B. Potter
Publisher : Routledge
Page : 272 pages
File Size : 42,9 Mb
Release : 2005-07-08
Category : Social Science
ISBN : 9781134561292

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The Chinese Legal System by Pitman B. Potter Pdf

The legal system of the People's Republic of China has seen significant changes since legal reforms began in 1978. At the end of the second decade of legal reform, law-making and institution-building have reached impressive levels. Understanding the operation and possible futures of law in the People's Republic of China requires an appreciation of the normative influences on the system, as well as an examination of how these norms have worked in practice.

Author : Ingrid Hooghe,Eduard B. Vermeer
Publisher : Routledge
Page : 190 pages
File Size : 51,9 Mb
Release : 2012-12-06
Category : Social Science
ISBN : 9781136124501

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China's Legal Reforms and Their Political Limits by Ingrid Hooghe,Eduard B. Vermeer Pdf

Presents new insights into recent changes in China's legal framework in areas crucial to the modernisation process. Topics include law reform to accommodate foreign interests and convert China to a market economy, the judicial system and its treatment of human rights issues, the introduction of non-tariff barriers for foreign companies, and the current privatisation process.

Author : Keyuan Zou
Publisher : BRILL
Page : 278 pages
File Size : 43,7 Mb
Release : 2006-08-30
Category : Law
ISBN : 9789047410133

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China's Legal Reform by Keyuan Zou Pdf

China’s legal system has drawn ever more attention from the international community. It has been developing at a very significant pace since China carried out economic reform and instituted an “open door” policy in 1978.China’s entry into the World Trade Organization (WTO) has had a tremendous impact on the development and reform of China’s legal system. This book focuses on the recent developments of China’s legal system as well as its reform in the context of globalization. It covers various hot and timely topics, including constitutional changes, the relationship between the Chinese Communist Party and the law, legislation, law-based administration, laws for anti-corruption campaigns, judicial reform, legal education and China’s compliance with international law. The book is suitable for lawyers, whether practicing or academic, officials in national governments and international organizations and students and scholars in academia, who are interested in China, Chinese law, comparative and international law.

Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 50,9 Mb
Release : 2024-05-22
Category : Electronic
ISBN : 1784713902

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Evolution of Law Reform in China by Anonim Pdf

Author : Stanley B. Lubman
Publisher : Edward Elgar Publishing
Page : 0 pages
File Size : 40,5 Mb
Release : 2012
Category : Law
ISBN : 1848449763

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The Evolution of Law Reform in China by Stanley B. Lubman Pdf

This timely collection presents articles written by Chinese and Western authors on law reform in the People's Republic of China from its beginning in 1978 until the present day. The first part presents differing perspectives on the history of law reform. Separate sections are devoted to core institutions: the Constitution, the legislature, administrative law, courts, criminal process, the legal profession, extra-judicial dispute resolution and citizen petitions. Alongside an original introduction the book will be of interest to readers with specialized interests in Chinese law but also to anyone interested in China's governance.

Author : Jia Hu
Publisher : Springer Nature
Page : 226 pages
File Size : 44,9 Mb
Release : 2024-05-22
Category : Electronic
ISBN : 9789819999118

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The Role of Law in China’s Economic Development, 1978–2011 by Jia Hu Pdf

Author : Albert H.Y. Chen
Publisher : City University of HK Press
Page : 440 pages
File Size : 46,7 Mb
Release : 2021-03
Category : Law
ISBN : 9789629374501

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The Changing Legal Orders in Hong Kong and Mainland China: Essays on “One Country, Two Systems” by Albert H.Y. Chen Pdf

This collection of selected works by Professor Albert H.Y. Chen shows the contours of the author’s scholarship as it developed over 35 years of his academic career, from 1984 to the present. The essays are divided into three sections which cover the three major domains of Professor Chen’s research. Part I covers the legal developments and controversies of “One Country, Two Systems” since the Hong Kong interpretation on “the right of abode” in 1999 to the anti-extradition movement of 2019. Part II shifts to focus on tradition and modernity in Chinese Law, including China’s Confucian and Legalist traditions and how the socialist legal system in China evolved and modernized in the era of “reform and opening”. Part III examines the transplantation of Western thinking and constitutionalism to East Asia in modern times and discusses the achievements and failures of these efforts. In conjunction with an introductory chapter that sets out the basic orientation and paradigm of these legal and constitutional studies and an epilogue that reflects on the main themes, this collection exemplifies the author’s important contributions to the field and provides insight into how the legal orders in Hong Kong and mainland China have changed over the course of Professor Chen’s academic career.

Author : Donald C. Clarke
Publisher : Cambridge University Press
Page : 212 pages
File Size : 55,8 Mb
Release : 2008-03-06
Category : History
ISBN : 0521719291

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China's Legal System by Donald C. Clarke Pdf

Examines the legal ramifications of economic and social changes in China, mid 1990s to present.

Author : Jianfu Chen
Publisher : Martinus Nijhoff Publishers
Page : 440 pages
File Size : 54,8 Mb
Release : 1999-07-14
Category : Political Science
ISBN : 9041111867

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Chinese Law by Jianfu Chen Pdf

Law, in particular its actual functioning in any given society, is above all a part of the culture of that society - a part of its historical, political, social and intellectual creation. If a black-letter' approach towards law in the West is under increasing criticism, it is particularly unhelpful, if not misleading, in understanding Chinese law, its nature and developments. Rather, to understand Chinese law, its nature and developments, we need to examine the Chinese legal traditions, the prevailing political and economic situations, Party policies on economic reform and tolerance towards political liberalisation, and scholarly discussions and debate. This is the approach of this book. Its aim is to put Chinese law in context', to outline the nature and present status of its development, and to analyse the meaning of the law within the Chinese context. However, this monograph does not ignore the practical needs for determining the precise contents of the black- letter' law either. A study of this kind necessarily involves a process of topic selection. However, to avoid over-generalisation and over-simplification, it also demands a considerable degree of comprehensiveness in coverage. For this reason, the book covers what the Chinese scholars term fundamental law' and basic branches' of law, while other topics are covered because they are either crucial for the understanding of the law (such as legal traditions in China) or of practical importance (such as foreign investment and trade). Chapter One provides an historical background to traditional Chinese legal culture' and modern law reforms. The historical background of specific topics is examined as the topics are analysed inthe following chapters. Chapter Two deals with the changing fate of law under Communist rule. Its focus is on the underlying factors and justifications for such changes. Chapter Three introduces discussions on specific branches of law, from public law (constitutional law, law-making, administrative law, criminal law, criminal procedure law) to private' law (civil law, family law, contracts, law on business entities, and law on foreign investment and trade). Each of these is dealt with in a separate chapter. After the analysis of these substantial topics, certain conclusions are drawn, which attempt to define the nature of Chinese law and its developments in present-day China.

Author : Xiaobo Dong,Yafang Zhang
Publisher : Unknown
Page : 0 pages
File Size : 47,6 Mb
Release : 2023
Category : Electronic
ISBN : 981992507X

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On Contemporary Chinese Legal System by Xiaobo Dong,Yafang Zhang Pdf

This book delivers a comprehensive, insightful, and updated analytic description of contemporary Chinese legal system. From a macro perspective, it presents, both theoretically and empirically, the evolution of Chinese law, describing its distinctive features, comparing it with other experiences across the world, and exploring the influence of economic, social, cultural, and technological factors thereon. From a micro perspective, based on the latest laws and regulations so promulgated and relevant research, this book briefly summarizes the basic theories and knowledge of existing law in the PRC, including the Constitution, civil law, criminal law, administrative law, procedural law, intellectual property law, economic law, etc. With this book, not only law students, lawyers, and those who have a background in Chinese law but also general readers can catch a penetrating glimpse into the fast-changing Chinese legal system.

Author : Thomas W. Simon,Chuan Feng,Leyton P. Nelson
Publisher : Springer
Page : 264 pages
File Size : 47,6 Mb
Release : 2016-04-29
Category : Law
ISBN : 9781137452061

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China's Changing Legal System by Thomas W. Simon,Chuan Feng,Leyton P. Nelson Pdf

While much international attention has been focused on China's developing economy, dramatic changes are also taking place in its legal system. This book is a groundbreaking, comprehensive introduction to China's legal system, covering the major areas of both civil and criminal law. The authors present fascinating cases and balanced accounts of controversial issues, from copyright law to punishment. By letting Chinese lawyers and judges speak for themselves, the authors also allow readers a surprisingly candid insider's view of real life legal practice.

Author : Jianfu Chen
Publisher : BRILL
Page : 1131 pages
File Size : 41,7 Mb
Release : 2015-12-04
Category : Law
ISBN : 9789004228894

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Chinese Law: Context and Transformation by Jianfu Chen Pdf

Like the previous edition in 2008, this book examines the historical and politico-economic context in which Chinese law has developed and transformed, focusing on the underlying factors and justifications for the changes. It attempts to sketch the main trends in legal modernisation in China, offering an outline of the principal features of contemporary Chinese law and a clearer understanding of its nature from a developmental perspective. It provides comprehensive coverage of topics: ‘legal culture’ and modern law reform, constitutional law, legal institutions, law-making, administrative law, criminal law, criminal procedure law, civil law, property, family law, contracts, torts, law on business entities, securities, bankruptcy, intellectual property, law on foreign investment and trade, Chinese investment overseas, dispute settlement and implementation of law. Fully revised, updated and considerably expanded, this edition of Chinese Law: Context and Transformation is a valuable and important resource for researchers, policy-makers and teachers alike.

Author : Chen
Publisher : Martinus Nijhoff Publishers
Page : 429 pages
File Size : 42,6 Mb
Release : 2023-09-25
Category : History
ISBN : 9789004635449

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Chinese Law by Chen Pdf

Law, in particular its actual functioning in any given society, is above all a part of the culture of that society - a part of its historical, political, social and intellectual creation. If a `black-letter' approach towards law in the West is under increasing criticism, it is particularly unhelpful, if not misleading, in understanding Chinese law, its nature and developments. Rather, to understand Chinese law, its nature and developments, we need to examine the Chinese legal traditions, the prevailing political and economic situations, Party policies on economic reform and tolerance towards political liberalisation, and scholarly discussions and debate. This is the approach of this book. Its aim is to put Chinese law `in context', to outline the nature and present status of its development, and to analyse the meaning of the law within the Chinese context. However, this monograph does not ignore the practical needs for determining the precise contents of the `black- letter' law either. A study of this kind necessarily involves a process of topic selection. However, to avoid over-generalisation and over-simplification, it also demands a considerable degree of comprehensiveness in coverage. For this reason, the book covers what the Chinese scholars term `fundamental law' and `basic branches' of law, while other topics are covered because they are either crucial for the understanding of the law (such as legal traditions in China) or of practical importance (such as foreign investment and trade). Chapter One provides an historical background to traditional Chinese `legal culture' and modern law reforms. The historical background of specific topics is examined as the topics are analysed in the following chapters. Chapter Two deals with the changing fate of law under Communist rule. Its focus is on the underlying factors and justifications for such changes. Chapter Three introduces discussions on specific branches of law, from public law (constitutional law, law-making, administrative law, criminal law, criminal procedure law) to `private' law (civil law, family law, contracts, law on business entities, and law on foreign investment and trade). Each of these is dealt with in a separate chapter. After the analysis of these substantial topics, certain conclusions are drawn, which attempt to define the nature of Chinese law and its developments in present-day China.