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On Contemporary Chinese Legal System

Author : Xiaobo Dong
Publisher : Springer Nature
Page : 356 pages
File Size : 46,46 MB
Release : 2023-05-19
Category : Law
ISBN : 9819925053

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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.

Inside China's Legal System

Author : Chang Wang
Publisher : Chandos Publishing
Page : 391 pages
File Size : 11,84 MB
Release : 2013-10-31
Category : Law
ISBN : 0857094610

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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

Understanding China's Legal System

Author : C. Stephen Hsu
Publisher : NYU Press
Page : 436 pages
File Size : 27,22 MB
Release : 2003-03
Category : Law
ISBN : 9780814736531

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Chinese Justice, the Fiction

Author : Jeffrey C. Kinkley
Publisher : Stanford University Press
Page : 534 pages
File Size : 10,9 MB
Release : 2000
Category : Literary Collections
ISBN : 9780804739764

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This is a full-length study of Chinese crime fiction in all eras: ancient, modern, and contemporary. It is also the first book to apply legal scholars law and literature inquiry to the rich field of Chinese legal and literary culture.

Contemporary Chinese Law

Author : Harold Joseph Berman
Publisher : Cambridge, Mass. : Harvard University Press
Page : 408 pages
File Size : 29,42 MB
Release : 1970
Category : Law
ISBN :

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Recently scholars have become increasingly aware that the study of Chinese law can provide new insight into the forces actually at work in Chinese society in different epochs. In an effort to encourage and facilitate the study of this subject, the thirteen essays of this volume deal with the methodology of studying the legal system of the People's Republic, describe the available research materials, and analyze the problems presented in making the materials of Chinese law intelligible to Western readers. They also review foreign works on Chinese law and explore the difficulties involved in translation and in comparing the Chinese system to our own and to that of the Soviet Union. Mr. Cohen's thoughtful introduction provides an excellent survey of the worldwide development of studies of Chinese law. It also delineates the nature of the essays that he and the eleven other scholars have contributed to the volume.

China’s Struggle for the Rule of Law

Author : Ronald C. Keith
Publisher : Springer
Page : 300 pages
File Size : 17,22 MB
Release : 2016-07-27
Category : Political Science
ISBN : 1349131105

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The 'rule of law' is more than the mere existence and application of law within the sphere of state activity. Contemporary Chinese debate on the 'rule of law' underlines the limiting of arbitrary government, the materialisation of 'human rights', legal protection of 'rights and interests' and the principle of equality in the impartial legal mediation of conflicts within society's 'structure of interests'. Based upon China interviews and a comprehensive survey of the domestic press and Chinese-language legal journal materials, this book places pre- and post-Tiananmen Square legal reform in political context. The evolving contents of specific laws across the departments of constitutional, administrative, criminal, civil and economic law are assessed in light of the politics and intellectual dynamic of China's legal circles in their struggle to create a 'rule of law'.

Chinese Law: Context and Transformation

Author : Jianfu Chen
Publisher : Martinus Nijhoff Publishers
Page : 792 pages
File Size : 12,98 MB
Release : 2015-12-22
Category : Law
ISBN : 9047423437

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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 changes. It attempts to sketch the main trends in legal modernisation in China.

Chinese Contemporary Perspectives on International Law

Author : Xue Hanqin
Publisher : Martinus Nijhoff Publishers
Page : 289 pages
File Size : 20,79 MB
Release : 2012-12-03
Category : Law
ISBN : 9004236139

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Built on the theme “history, culture and international law”, this special course gives a comprehensive review of China’s contemporary perspective and practice of international law in the past 60 years, with its focus on the recent 30 years when China is gradually integrated into international legal system through its opening up and economic reform process.

Procedural Justice and the Fair Trial in Contemporary Chinese Criminal Justice

Author : Elisa Nesossi
Publisher : BRILL
Page : 100 pages
File Size : 37,57 MB
Release : 2018-09-04
Category : Political Science
ISBN : 9004386386

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This review examines the literature on procedural justice and the fair trial over the past two decades in the People’s Republic of China. Part 1 gives a wide-angle view of the key political events and developments that have shaped the experience of procedural justice and the fair trial in contemporary China. It provides a storyline that explains the political environment in which these concepts have developed over time. Part 2 examines how scholars understand the legal structures of the criminal process in relation to China’s political culture. Part 3 presents scholarly views on three enduring problems relating to the fair trial: a presumption of innocence, interrogational torture, and the role of lawyers in the criminal trial process. Procedural justice is a particularly pertinent issue today in China, because Xi Jinping’s yifa zhiguo 依法治国 (governing the nation in accordance with the law) governance platform seeks to embed a greater appreciation for procedural justice in criminal justice decision-making, to correct a politico-legal tradition overwhelmingly focused on substantive justice. Overall, the literature reviewed in this article points to the serious limitations in overcoming the politico-legal barriers to justice reforms that remain intact in the system, despite nearly four decades of constant reform.

The Politics of Law and Stability in China

Author : Susan Trevaskes
Publisher : Edward Elgar Publishing
Page : 303 pages
File Size : 40,6 MB
Release : 2014-07-31
Category : Law
ISBN : 1783473878

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The Politics of Law and Stability in China examines the nexus between social stability and the law in contemporary China. It explores the impact of Chinese Communist Partyês (CCP) rationales for social stability on legal reforms, criminal justice opera