The Legal System Of The People S Republic Of China In A Nutshell
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The Legal System of the People's Republic of China in a Nutshell by Daniel C. K. Chow Pdf
Drawing on his several years as counsel for a multinational corporation China during the late 1990s, Chow (law, Ohio State U.) outlines the Chinese legal system. He describes its history, the constitution, the role of various official and unofficial parties, and laws regarding various aspects of life and business. Annotation ♭2004 Book News, Inc., Portland, OR (booknews.com).
The Legal System of the People's Republic of China in a Nutshell by Daniel C. K. Chow Pdf
"This book begins with a brief overview of the important events of the 20th century that have shaped modern China, and then turns to a systematic analysis of the structure of government, basic human rights and liberties, and the crucial role of the Communist Party. It examines all major legal institutions in China, including the lawmaking organs, courts, procuratorates, police, and the legal profession. It also provides an overview of the major areas of procedural and substantive law in China, with a focus on foreign investment and intellectual property law."--Publisher.
Implementation of Law in the People's Republic of China by Jianfu Chen,Yuwen Li,Jan Michiel Otto Pdf
China, after some twenty years of reform, is no longer a country without law. Indeed, one may legitimately complain that there are too many laws that are changing too rapidly. However, law acquires no life nor performs its intended social functions without proper implementation and enforcement. Here, few people, Chinese or foreign, are content with the general situation of implementation of law in China. The problems and difficulties in implementing and enforcing laws and regulations are reported and discussed in the various forums of the Chinese media almost on a daily basis, and often reported in Western media also. Academics in China are filling the pages of various legal journals with their diagnoses and analyses of the causes of, and solutions to, the lack of proper implementation of law, and legal regulations and policy measures are being issued to deal with these problems and to overcome the difficulties. The future of the rule of law in China, as we are so often reminded by scholars of Chinese politics and law, largely depends on the proper implementation and enforcement of law. This is a book about `law-in-action' in China, that is, it focuses on the administration of the law as a process through which `law-in-the-books' is put into action and, hence, is made to perform its intended social functions. It deals with the process, the institutional settings (the players), and the political, economic, social, and cultural settings (the factors) involved in the administration of law in China. Throughout the book, we will see a variety of problems and difficulties involved in implementing and enforcing laws and regulations that are identified and analyzed by the contributors. We will also see analyses on legal regulations and policy measures that have been issued to rectify the many identified problems, to raise the standard of actual implementation of law, and to improve the functioning of the various law-implementing/enforcing authorities. Additionally, the book provides various case studies on implementation of law in China. The present book, we believe, is among the first collective efforts at a systematic and comprehensive study of the implementation of law in China, and we hope that it will stimulate many more such studies - studies on the actual operation and impact of law on society and on individuals.
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.
The Common Law in Chinese Context by Berry Fong-Chung Hsu Pdf
Studies the extent to which Common Law notions have taken root in Hong Kong, and answers the most fundamental question about Hong Kong law today: Do the people of Hong Kong want to preserve this system after 1997?
Author : Ralph Haughwout Folsom,John H. Minan,Lee Ann Otto Publisher : Unknown Page : 522 pages File Size : 44,9 Mb Release : 1992 Category : Law ISBN : STANFORD:36105044595143
This book systematically and concisely expounds the construction process of China's legal system since China's reform and opening-up. Chapter 1 defines the legal system in China and describes the development of China's legal system from 1949 to 1978. Chapter 2 introduces China's legislative system, including its historical development, division of legislative functions and power, and legislative procedures. Chapter 3 compares the differences between the law systems of other countries and China's law system and how other law systems in the world influences the law system in China. Chapter 4 studies China's constitutional law system, including its historical development, forms of law and enforcement of the constitution. Chapter 5 introduces China's administrative legal system, including main principles, administrative legislation and administrative compensation. Chapters 6, 7, 8, 9 describe China's civil and commercial legal system, China's economic legal system, China's social legal system and China's criminal legal system respectively. Chapter 10 introduces China's legal system in litigation and non-litigation procedure in terms of criminal, civil, administrative and non-litigation procedures. Chapter 11 analyses the legal system of the special administrative regions in China and its relationship with China's legal system. The last chapter, Chapter 12 studies the relationship between the international law and China's domestic law system.
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.
The History of Chinese Legal Civilization by Jinfan Zhang Pdf
This book, based on the theory of Marxism-Leninism, aims to study the essence, content and features of various legal systems in China in different historical periods, as well as the rules of the development of Chinese legal systems. It effectively combines classic analysis and historical analysis to probe historical facts and elaborate the historical role of the legal system, revealing both the general and the specific rules of the development of China s legal system on the basis of the existing relevant research. The subject matter is of abundant theoretical and practical significance, as it enriches Marxist legal studies, deepens readers’ understanding of China s legal civilization and offers guiding principles for the creation of socialist legal systems with Chinese characteristics. It discusses the trends in thinking on the reconstruction of the legal system; changing laws; western legal culture; the legal system in the period of westernization, constitution and reform; preparation for constitutionalism; modification of the law during the late Qing Dynasty; criminal, civil and commercial legislation; and judicial reforms in the modern era as well as the various ups and downs and cases of malconduct after the founding of the People’s Republic of China
Conflict of Laws in the People’s Republic of China by Zheng Sophia Tang,Yongping Xiao,Zhengxin Huo Pdf
The area of conflict of laws in China has undergone fundamental development in the past three decades and the most recent changes in the 2010s, regarding both jurisdiction and choice of law rules, mark the establishment of a modern Chinese conflicts system. Jointly written by three professors from both China and the UK, this book provides the most up-to-date and comprehensive analysis of Chinese conflict of laws in civil and commercial matters, covering jurisdiction, choice of law, procedure, judgment and awards recognition and enforcement, and interregional conflicts in China.
Legal Scholars and Scholarship in the People's Republic of China by Nongji Zhang,Bibliographer for East Asian Law Nongji Zhang Pdf
A comprehensive introduction to Chinese legal scholarship and the scholars who developed the new Communist legal system during the initial decades of the PRC when the old system was abolished by the newly established Communist government. Through their scholarship, we see where the field of Chinese legal studies came from and where it is going.
The Constitution law of People's Republic of China by People's Republic of China Pdf
This Constitution affirms the achievements of the struggles of the Chinese people of all nationalities and defines the basic system and basic tasks of the state in legal form; it is the fundamental law of the state and has supreme legal authority. The people of all nationalities, all state organs, the armed forces, all political parties and public organizations and all enterprises and undertakings in the country must take the Constitution as the basic norm of conduct, and they have the duty to uphold the dignity of the Constitution and ensure its implementation.
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.
