The Legal Culture And System Of Taiwan

Author : Chang-fa Lo,Changfa Luo
Publisher : Kluwer Law International B.V.
Page : 266 pages
File Size : 55,7 Mb
Release : 2006-01-01
Category : Law
ISBN : 9789041125255

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The Legal Culture and System of Taiwan by Chang-fa Lo,Changfa Luo Pdf

With a special place among the world's important trading countries, Taiwan presents the international practitioner with its own particular legal issues and problems. Among the world's most many-sourced legal systems, the law of Taiwan sustains major elements from Chinese and Japanese sources as well as its own indigenous and traditional rules and strong influences from both civil and common law traditions. This convenient guide, written by a scholar-practitioner who is both Dean of Law at the National Taiwan University and a panelist in the World Trade Organization's Dispute Settlement Body, is an ideal introduction and practical handbook for anyone involved in a transaction that raises issues in Taiwanese law. After detailed summaries of Taiwan's system of government, its court system, sources of law, and administrative law and procedure, the author covers practice and procedure in such fields of legal activity as the following: contracts; torts; consumer protection; property rights; family law; law of succession; alternative dispute resolution; intellectual property law; trade; government procurement; labor law; and criminal law and procedure. International lawyers will find all the legal situations most likely to arise in the course of transactions connected to Taiwan covered expertly and knowledgeably in this very useful book. It is also valuable to students and scholars for its special insights into issues of comparative law.

Author : Chang-Fo Lo
Publisher : Unknown
Page : 264 pages
File Size : 47,6 Mb
Release : 2006
Category : Electronic
ISBN : 9041131043

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The Legal Culture and System of Taiwan by Chang-Fo Lo Pdf

With a special place among the world's important trading countries, Taiwan presents the international practitioner with its own particular legal issues and problems. Among the world's most many-sourced legal systems, the law of Taiwan sustains major eleme.

Author : Pitman B. Potter
Publisher : Routledge
Page : 571 pages
File Size : 54,7 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 : Yun-chien Chang,Wei Shen,Wen-yeu Wang
Publisher : Cambridge University Press
Page : 361 pages
File Size : 43,9 Mb
Release : 2017
Category : Law
ISBN : 9781107154247

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Private Law in China and Taiwan by Yun-chien Chang,Wei Shen,Wen-yeu Wang Pdf

Comparing four key branches of private law in China and Taiwan, this collaborative and novel book demystifies the 'China puzzle'.

Author : Albert H.Y. Chen
Publisher : City University of HK Press
Page : 440 pages
File Size : 54,8 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 : Neil Chisholm
Publisher : Routledge
Page : 453 pages
File Size : 54,8 Mb
Release : 2019-11-04
Category : Social Science
ISBN : 9781135008284

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Judicial Reform in Taiwan by Neil Chisholm Pdf

This book examines Taiwan’s judicial reform process, which began three years after the 1996 transition to democracy, in 1999, when Taiwanese legal and political leaders began discussing how to reform Taiwan’s judicial system to meet the needs of the new social and political conditions. Covering different areas of the law in a comprehensive way, the book considers, for each legal area, problems related to rights and democracy in that field, the debates over reform, how foreign systems inspired reform proposals, the political process of change, and the substantive legal changes that ultimately emerged. The book also sets Taiwan’s legal reforms in their historical and comparative context, and discusses how the reform process continues to evolve.

Author : E. Ann Black,Gary F. Bell
Publisher : Cambridge University Press
Page : 429 pages
File Size : 43,6 Mb
Release : 2011-03-10
Category : Law
ISBN : 9781139495837

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Law and Legal Institutions of Asia by E. Ann Black,Gary F. Bell Pdf

The study of Asia and its plural legal systems is of increasing significance, both within and outside Asia. Lawyers, whether in Australia, America or Europe, or working within an Asian jurisdiction, require a sound knowledge of how the law operates across this fast-growing and diverse region. Law and Legal Institutions of Asia is the first book to offer a comprehensive assessment of eleven key jurisdictions in Asia - China, Hong Kong, Taiwan, Japan, Korea, Vietnam, Malaysia, Indonesia, Brunei Darussalam, Singapore and the Philippines. Written by academics and practitioners with particular expertise in their state or territory, each chapter uses a breakthrough approach, facilitating cross-jurisdictional comparisons and giving essential insights into how law functions in different ways across the region and in each of the individual jurisdictions.

Author : John O. Haley,Toshiko Takenaka
Publisher : Edward Elgar Publishing
Page : 391 pages
File Size : 47,7 Mb
Release : 2014-10-31
Category : Law
ISBN : 9781783472796

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Legal Innovations in Asia by John O. Haley,Toshiko Takenaka Pdf

Expert scholars from around the world offer a history of law in the region while also providing a wider context for present-day Asian law. The contributors share insightful perspectives on comparative law, the role of courts, legal transplants, intelle

Author : Jinfan Zhang
Publisher : Springer Science & Business Media
Page : 719 pages
File Size : 52,7 Mb
Release : 2014-02-20
Category : Law
ISBN : 9783642232664

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The Tradition and Modern Transition of Chinese Law by Jinfan Zhang Pdf

The book was first published in 1997, and was awarded the first prize of scientific research by the Ministry of Justice during the ninth Five-Year Plan of China. In 2005, it was adopted the text book for the postgraduates of law majors. In 2009, it was awarded the second prize of the best books on law in China. The book discusses from different aspects the long legal tradition in China, and it not only helps us to have a further understanding of Chinese legal system but also combines theories and practice and illustrate the modern legal transition which probes the history of Chinese legal system. As is known to us all, China is a country with a long legal history, which can be traced back to more than three thousand year ago. So the legal tradition of China has been passed down from generation to generation without any interruptions. This feature is peculiar to Chinese legal history which is beyond all comparison with that of other countries such as ancient Egypt, ancient India, ancient Babylon and ancient Persia. Through the study of Chinese legal history we can have a deeper understanding of the histories, features, origins and the transition of Chinese legal tradition. The Chinese legal tradition originated from China, and it is the embodiment of the wisdom and creativity of Chinese civilization. The great many books, researching materials, legal constitutions, archives, files and records of different dynasties in China have provided us with rare, complete and systematic materials to research. The book has a complete, systematic and detailed research on Chinese legal tradition and its transition and it gives people a correct recognition of the process of the perfection of laws during its development and its position as well as its value in the social progress in order to grasp its regular patterns. It also has showed us the most valuable part and core of Chinese legal Tradition and it is a summary of Chinese legal tradition and its transition from different perspectives, different angles and different levels. From the book, we can see that the ancient Chinese Legal Culture had once shocked the world and exerted great influence on the civilization of the world legal system, especially the legal systems in Asian countries. The book also has discussed the reestablishment of law in the late Qing Dynasty and the beginning of the Chinese law’s transition to modernity. In a word, the book has not only combined the legal system and the legal culture together, but also integrated the important historical figures and events ingeniously and it is a valuable and readable book with authenticity.

Author : Tay-sheng Wang
Publisher : University of Washington Press
Page : 297 pages
File Size : 55,5 Mb
Release : 2014-12-01
Category : History
ISBN : 9780295803883

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Legal Reform in Taiwan under Japanese Colonial Rule, 1895-1945 by Tay-sheng Wang Pdf

Taiwan’s modern legal system--quite different from those of both traditional China and the People’s Republic--has evolved since the advent of Japanese rule in 1895. Japan has gradually adopted Western law during the 19th-century and when it occupied Taiwan--a frontier society composed of Han Chinese settlers--its codes were instituted for the purpose of rapidly assimilating the Taiwanese people into Japanese society. Tay-sheng Wang’s comprehensive study lays a solid foundation for future analyses of Taiwanese law. It documents how Western traditions influenced the formation of Taiwan’s modern legal structure through the conduit of Japanese colonial rule and demonstrates the extent to which legal concepts diverged from the Chinese legal tradition and moved toward Western law.

Author : Jianlin Chen
Publisher : Cambridge University Press
Page : 249 pages
File Size : 55,6 Mb
Release : 2017-10-12
Category : History
ISBN : 9781107170179

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The Law and Religious Market Theory by Jianlin Chen Pdf

A fresh descriptive and normative perspective on law and religion supported by comparative case studies of Greater China.

Author : United States. Congressional-Executive Commission on China
Publisher : Unknown
Page : 48 pages
File Size : 52,5 Mb
Release : 2005
Category : Civil rights
ISBN : PURD:32754077980898

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Law in Political Transitions by United States. Congressional-Executive Commission on China Pdf

Author : Jiunn-rong Yeh,Junrong Ye,Wen-Chen Chang
Publisher : Cambridge University Press
Page : 633 pages
File Size : 43,8 Mb
Release : 2015
Category : Law
ISBN : 9781107066083

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Asian Courts in Context by Jiunn-rong Yeh,Junrong Ye,Wen-Chen Chang Pdf

Analyzes courts in fourteen selected Asian jurisdictions to provide the most up-to-date and comprehensive interdisciplinary book available.

Author : Tania Groppi,Marie-Claire Ponthoreau
Publisher : Bloomsbury Publishing
Page : 470 pages
File Size : 40,9 Mb
Release : 2013-03-28
Category : Law
ISBN : 9781782251002

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The Use of Foreign Precedents by Constitutional Judges by Tania Groppi,Marie-Claire Ponthoreau Pdf

In 2007 the International Association of Constitutional Law established an Interest Group on 'The Use of Foreign Precedents by Constitutional Judges' to conduct a survey of the use of foreign precedents by Supreme and Constitutional Courts in deciding constitutional cases. Its purpose was to determine - through empirical analysis employing both quantitative and qualitative indicators - the extent to which foreign case law is cited. The survey aimed to test the reliability of studies describing and reporting instances of transjudicial communication between Courts. The research also provides useful insights into the extent to which a progressive constitutional convergence may be taking place between common law and civil law traditions. The present work includes studies by scholars from African, American, Asian, European, Latin American and Oceania countries, representing jurisdictions belonging to both common law and civil law traditions, and countries employing both centralised and decentralised systems of judicial review. The results, published here for the first time, give us the best evidence yet of the existence and limits of a transnational constitutional communication between courts.

Author : Jerome A. Cohen,William P. Alford,Chang-fa Lo
Publisher : Springer
Page : 706 pages
File Size : 50,8 Mb
Release : 2019-05-16
Category : Law
ISBN : 9789811303500

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Taiwan and International Human Rights by Jerome A. Cohen,William P. Alford,Chang-fa Lo Pdf

This book tells a story of Taiwan’s transformation from an authoritarian regime to a democratic system where human rights are protected as required by international human rights treaties. There were difficult times for human rights protection during the martial law era; however, there has also been remarkable transformation progress in human rights protection thereafter. The book reflects the transformation in Taiwan and elaborates whether or not it is facilitated or hampered by its Confucian tradition. There are a number of institutional arrangements, including the Constitutional Court, the Control Yuan, and the yet-to-be-created National Human Rights Commission, which could play or have already played certain key roles in human rights protections. Taiwan’s voluntarily acceptance of human rights treaties through its implementation legislation and through the Constitutional Court’s introduction of such treaties into its constitutional interpretation are also fully expounded in the book. Taiwan’s NGOs are very active and have played critical roles in enhancing human rights practices. In the areas of civil and political rights, difficult human rights issues concerning the death penalty remain unresolved. But regarding the rights and freedoms in the spheres of personal liberty, expression, privacy, and fair trial (including lay participation in criminal trials), there are in-depth discussions on the respective developments in Taiwan that readers will find interesting. In the areas of economic, social, and cultural rights, the focuses of the book are on the achievements as well as the problems in the realization of the rights to health, a clean environment, adequate housing, and food. The protections of vulnerable groups, including indigenous people, women, LGBT (lesbian, gay, bisexual, and transgender) individuals, the disabled, and foreigners in Taiwan, are also the areas where Taiwan has made recognizable achievements, but still encounters problems. The comprehensive coverage of this book should be able to give readers a well-rounded picture of Taiwan’s human rights performance. Readers will find appealing the story of the effort to achieve high standards of human rights protection in a jurisdiction barred from joining international human rights conventions. This book won the American Society of International Law 2021 Certificate of Merit in a Specialized Area of International Law.