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The Legal System Of The People S Republic Of China In A Nutshell

Author : Daniel C. K. Chow
ISBN : 0314262970
Genre : Law
File Size : 34.89 MB
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This book begins with a brief overview of the important events of the twentieth century that has shaped modern China, and then turns to a systematic analysis of the structure of government, basic human rights and liberties, and the role of the Communist Party in the governance of the People's Republic of China (PRC). It examines all major PRC legal institutions, including the law-making organs, courts, procuratorates, police, and the legal profession. Also provides an overview of the major areas of procedural and substantive black letter law in the PRC, with a focus on foreign investment and intellectual property laws.
Category: Law

China S Legal System

Author : Pitman Potter
ISBN : 9780745662688
Genre : Law
File Size : 30.54 MB
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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.
Category: Law

Inside China S Legal System

Author : Chang Wang
ISBN : 0081013418
Genre : History
File Size : 51.71 MB
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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 Uses extensive legal materials and historical documents generally unavailable to Western based academicsGives insider knowledge, including first-hand experience teaching law, and close involvement with judges, attorneys, and law professors in ChinaAnalyses legal issues from historical and cultural perspectives holistically"
Category: History

Criminal Law And Criminal Procedure Law In The People S Republic Of China

Author : Jianfu Chen
ISBN : 9789004234451
Genre : Law
File Size : 72.27 MB
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Criminal Law and Criminal Proceudre Law in the People's Republic of China provides the most up-to-date and full translation of the Chinese Criminal Law and Criminal Procedure Law, accompanied by a comprehensive introduction to the criminal justice system in China.
Category: Law

The Criminal Process In The People S Republic Of China 1949 1963

Author : Jerome Alan Cohen
ISBN : 0674176502
Genre : Law
File Size : 72.47 MB
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This volume represents the fruits of a preliminary inquiry into one aspect of contemporary Chinese law-the criminal process. Investigating what he calls China's "legal experiment," Mr. Cohen raises large questions about Chinese law. Is the Peoples Republic a lawless power, arbitrarily disrupting the lives of its people? Has it sought to attain Marx's vision of the ultimate withering away of the state and the law? Has Mao Zedong preferred Soviet practice to Marxist preaching? If so, has he followed Stalin or Stalin's heirs? To what extent has it been possible to transplant a foreign legal system into the world's oldest legal tradition? Has the system changed since 1949? What has been the direction of that change, and what are the prospects for the future? Today, immense difficulties impede the study of any aspect of China's legal system. Most foreign scholars are forbidden to enter the country, and those who do visit China find solid data hard to come by. Much of the body of law is unpublished and available only to officialdom, and what is publicly available offers an incomplete, idealized, or outdated version of Chinese legal processes. Moreover, popular publications and legal journals that told much about the regime's first decade have become increasingly scarce and uninformative. In order to obtain information for this study, Mr. Cohen spent 1963-64 in Hong Kong, interviewing refugees from the mainland and searching out and translating material on Chinese criminal law. From the interviews and published works, he has endeavored to piece together relevant data in order to see the system as a whole. The first of the three parts of the book is an introductory essay, providing an overview of the evolution and operation of the criminal process from 1949 through 1963. The second part, constituting the bulk of the book, systematically presents primary source material, including excerpts from legal documents, policy statements, and articles in Chinese periodicals. In order to show the law in action as well as the law on the books, the author has included selections from written and oral accounts by persons who have lived in or visited the People's Republic. Interspersed among these diverse materials are Mr. Cohen's own comments, questions, and notes. Part III contains an English-Chinese glossary of the major institutional and legal terms translated in Part II, a bibliography of sources, and a list of English-language books and articles that are pertinent to an understanding of the criminal process in China.
Category: Law

The People S Republic Of The Disappeared

Author : Michael Caster
ISBN : 0999370642
Genre :
File Size : 73.94 MB
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You are now under Residential Surveillance at a Designated Location. Your only right is to obey.- With these words, Chinese lawyer Xie Yang was introduced to the brutality of Residential Surveillance at a Designated Location (RSDL), Chinas expanding system for enforced disappearances. Despite its rapid growth under President Xi Jinping, little is known about RSDL. The Peoples Republic of the Disappeared will change that.Brought to light with stories written by the victims themselves - lawyer Wang Yu was abducted in the middle of the night; engineer Tang Zhishun was taken from across the border in Myanmar; IT worker Jiang Xiaoyu was beaten and threatened with permanent disappearance; and, Pan Jinling, whose only crime was dating an NGO worker. The Peoples Republic of the Disappeared shows the reality of Chinas use of enforced disappearances. Under RSDL, you vanish from the outside world. Under RSDL, the police have total control.

Understanding Chinese Politics

Author : Neil Collins
ISBN : 9780719084270
Genre : History
File Size : 41.64 MB
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The Chinese political system is the subject of much media and popular comment in part because China supports an economy with an apparently inexorable dynamic and impressive record of achievement. This book provides a comprehensive introduction to China's political system, outlining the major features of the Chinese model and highlighting its claims and challenges. It explores the central role of the Communist Party in the country's politics and the way in which the Party controls most elements of the political system. The book also draws parallels with previous historical periods in China's history. Finally, it addresses the question of what kind of role the People's Republic of China will play in global politics as a whole, the implications for the West and the re-balancing of relations between China and its neighbors.
Category: History

Chinese Legal Research

Author : Paul Kossof
ISBN : 1611635764
Genre : Legal research
File Size : 20.44 MB
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Chinese Legal Research is the first book to provide a condensed guide to legal research in China for foreign researchers. The goal of this book is to supply researchers with all of the background, tools, resources, and tips necessary to conduct effective Chinese legal research without even a basic knowledge of written Mandarin. Conducting legal research in China can be daunting to academics and practitioners from foreign jurisdictions regardless of whether they are from common law or civil law systems. This book overcomes the obstacles to conducting legal research in China by comparing the Chinese legal system to foreign jurisdictions and then providing advice and know-how on researching Chinese law. Chinese Legal Research concisely explains each aspect of China's legal system including its governmental structure, constitution, legislation, and administrations. It examines Chinese courts and how to conduct research when court judgments do not have precedential value. This book also contains a detailed guide to romanization, citations, and Chinese legal research services. The overall theme of this book is that foreign researchers can conduct quality research on Chinese law without learning Mandarin. It is especially helpful for foreign attorneys that wish to conduct legal research without relying on outside counsel or Chinese colleagues. Chinese Legal Research is recommended for academics and practitioners researching Chinese law.
Category: Legal research