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Author : C. Stephen Hsu
Publisher : NYU Press
Page : 436 pages
File Size : 48,7 Mb
Release : 2003-03
Category : Law
ISBN : 081473653X
Annotation View the Table of Contents .nbsp;nbsp;nbsp;Read the Introduction .>
Author : Chang Wang,Nathan Madson
Publisher : Chandos Publishing
Page : 390 pages
File Size : 53,5 Mb
Release : 2013-10-31
Category : Law
ISBN : 9780857094612
China’s legal system is vast and complex, and robust scholarship on the subject is difficult to obtain. Inside China’s Legal System provides readers with a comprehensive look at the system including how it works in practice, theoretical and historical underpinnings, and how it might evolve. The first section of the book explains the Communist Party’s utilitarian approach to law: rule by law. The second section discusses Confucian and Legalist views on morality, law and punishment, and the influence such traditional Chinese thinking has on contemporary Chinese law. The third section focuses on the roles of key players (including judges, prosecutors, lawyers, and legal academics) in the Chinese legal system. The fourth section offers Chinese legal case studies in civil, criminal, administrative, and international law. The book concludes with a comparison of China’s fundamental governing and legal principles with those of the United States, in such areas as checks and balances, separation of powers, and due process. Uses extensive legal materials and historical documents generally unavailable to Western based academics Gives insider knowledge, including first-hand experience teaching law, and close involvement with judges, attorneys, and law professors in China Analyses legal issues from historical and cultural perspectives holistically
Author : Jianfu Chen
Publisher : Martinus Nijhoff Publishers
Page : 440 pages
File Size : 53,9 Mb
Release : 1999-07-14
Category : Political Science
ISBN : 9041111867
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 : Bin Liang
Publisher : Routledge
Page : 269 pages
File Size : 52,6 Mb
Release : 2007-12-12
Category : History
ISBN : 9781135903237
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 : Stephen I. Hsu,C. Stephen Hsu
Publisher : Unknown
Page : 426 pages
File Size : 40,6 Mb
Release : 2003
Category : Electronic
ISBN : OCLC:704520816
Author : Pitman Potter
Publisher : Polity
Page : 285 pages
File Size : 41,5 Mb
Release : 2013-10-14
Category : Law
ISBN : 9780745662688
In this compelling analysis, noted legal scholar Pitman Potter examines the ideals and practices of Chinas legal regime, in light of international standards and local conditions.
Author : Pitman B. Potter
Publisher : Routledge
Page : 272 pages
File Size : 42,6 Mb
Release : 2005-07-08
Category : Social Science
ISBN : 9781134561292
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 : Chen
Publisher : Martinus Nijhoff Publishers
Page : 429 pages
File Size : 44,9 Mb
Release : 2023-09-25
Category : History
ISBN : 9789004635449
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.
Author : ZUZANNA KOPANIA,IGOR SZPOTAKOWSKI
Publisher : Wydawnictwo Naukowe ArchaeGraph
Page : 82 pages
File Size : 53,8 Mb
Release : 2020-09-01
Category : Antiques & Collectibles
ISBN : 9788366709485
A journey of a thousand miles begins with a single step. This Research Guide will be the first step in your journey with Chinese law. China grows more important every day from a global perspective. However, studying and conducting research on Chinese law can be extremely challenging, especially if you do not know Mandarin well. This book is intended as a compact but comprehensive research guide that would provide students (especially those who are preparing coursework or dissertations about Chinese law), researchers and legal practitioners with the necessary knowledge about how to conduct effective Chinese legal research.
Author : Lin Li
Publisher : World Scientific
Page : 547 pages
File Size : 40,5 Mb
Release : 2018-01-03
Category : Law
ISBN : 9789813231320
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.
Author : Jingwen Zhu,Tao Meng,Hao Peng,Hui Feng,Xinyan Liu,Xiaolong Peng
Publisher : Springer Nature
Page : 306 pages
File Size : 42,6 Mb
Release : 2023-03-01
Category : Law
ISBN : 9789811989940
This book provides a systematic and detailed introduction to the formation process and current development of China's socialist legal system. The classification of the constitution and constitution-related laws, criminal law, civil and commercial law, administrative law, economic law, litigation and non-litigation procedural law, social law, and the specifics of each sector of law are explained, which is a good guide for understanding the framework of China's legal system and the study of each sector of jurisprudence.
Author : Jinfan Zhang
Publisher : Springer
Page : 903 pages
File Size : 42,6 Mb
Release : 2020-07-25
Category : Law
ISBN : 9811010307
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
Author : Hongyi Chen
Publisher : Butterworth-Heinemann
Page : 324 pages
File Size : 54,7 Mb
Release : 1992
Category : Constitutional law
ISBN : STANFORD:36105061000019
The legal system of China is a young one, as the reconstruction after its sabotage during the Cultural Revolution only began in 1979. This book is written from a comparative jurisprudential perspective. It provides a systematic account of the history of the Chinese legal system, its structure, the sources of law, the major legal institutions, and the basic concepts and principles of procedural and substantive law, as well as raising questions of a more theoretical interest.
Author : Xiaobo Dong,Yafang Zhang
Publisher : Springer
Page : 0 pages
File Size : 49,8 Mb
Release : 2023-07-08
Category : Law
ISBN : 9819925045
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 : Ingrid Hooghe,Eduard B. Vermeer
Publisher : Routledge
Page : 190 pages
File Size : 45,8 Mb
Release : 2012-12-06
Category : Social Science
ISBN : 9781136124501
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.