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Inside China S Legal System

Author : Chang Wang
ISBN : 9780857094612
Genre : Law
File Size : 61.58 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 Uses extensive legal materials and historical documents generally unavailable to Western based academics Gives insider knowledge, including first-hand experience teaching law, and close involvement with judges,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
Category: Law

China S Legal System In Transition

Author : American Bar Association. Section of International Law and Practice. International Legal Exchange Committee
ISBN : STANFORD:36105062057034
Genre : Law
File Size : 34.82 MB
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Category: Law

China S Legal System

Author : Donald C. Clarke
ISBN : 0521719291
Genre : History
File Size : 59.2 MB
Format : PDF
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Examines the legal ramifications of economic and social changes in China, mid 1990s to present.
Category: History

Understanding China S Legal System

Author : C. Stephen Hsu
ISBN : 081473653X
Genre : Law
File Size : 56.63 MB
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Category: Law

China S Legal System

Author : Pitman Potter
ISBN : 9780745662688
Genre : Law
File Size : 34.93 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

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

Author : Daniel C. K. Chow
ISBN : 0314262970
Genre : Law
File Size : 79.49 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

The Judicial System And Reform In Post Mao China

Author : Dr Yuwen Li
ISBN : 9781472436078
Genre : Law
File Size : 59.7 MB
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This comprehensive study examines the development and changing characteristics of the judicial system and reform process over the past three decades in China. As the role of courts in society has increased so too has the amount of public complaints about the judiciary. At the same time, political control over the judiciary has retained its tight-grip. The shortcomings of the contemporary system, such as institutional deficiencies, shocking cases of injustice and cases of serious judicial corruption, are deemed quite appalling by an international audience. Using a combination of traditional modes of legal analysis, case studies, and empirical research, this study reflects upon the complex progress that China has made, and continues to make, towards the modernisation of its judicial system. Li offers a better understanding on how the judicial system has transformed and what challenges lay ahead for further enhancement. This book is unique in providing both the breadth of coverage and yet the substantive details of the most fundamental as well as controversial subjects concerning the operation of the courts in China.
Category: Law

China S Legal Soul

Author : John Warren Head
ISBN : STANFORD:36105134434617
Genre : Law
File Size : 68.60 MB
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This new look at Chinese law and society reflects the “triple anniversary” that 2009 will mark for Chinese law reform. In 1979, the People's Republic of China embarked on a dramatic new phase of legal transformation; thirty years before that, in 1949, Mao announced the creation of the PRC itself, another moment of legal reorientation; and thirty years before that, in 1919, the May Fourth Movement also had legal reform at its core, as thousands of protesters in Beijing erupted at the refusal Western powers to acknowledge that China's legal system was no longer inadequate and uncivilized. This claim––that China's legal system is inadequate and uncivilized in––remains in play today, particularly in respect of how China approaches the rule of law and human rights. Professor Head's new book (following his earlier work, Law Codes in Dynastic China) examines these issues by focusing on modern China's “legal soul”––by which he means the set of fundamental and animating legal principles or values that give a society its unique spirit and character. His lively and insightful comparison of contemporary Chinese law with dynastic Chinese law––readily accessible by (and written for) non-specialists––addresses these central questions: (1) what sort of a “rule of law” does today's Chinese legal system hope to achieve against its ages-old Legalist-Confucianist background; and (2) is there any modern correlative to the Imperial Confucianism that gave dynastic China its “legal soul,” or is today's China “soul-less,” as some would claim? In addressing these questions, Head insists on looking beyond easy assumptions and assertions found in much Western legal literature about China and its law; instead, he relies heavily on leading contemporary legal scholars at Chinese universities and their views on politics, constitutionalism, and rule of law in China.
Category: Law

Law And Justice

Author : Phillip M. Chen
ISBN : UOM:39015006957834
Genre : Law
File Size : 59.7 MB
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Category: Law

China S Legal System

Author : Xichuan Du
ISBN : STANFORD:36105044540503
Genre : Law
File Size : 84.54 MB
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This book comprises fifteen chapters dealing with the formation of China's legal system, including: the highest source of state power; the State Council; local administrative branches; judicial organizations; the People's Court; the Procuratorates; reform through labor; notary system; attorney system, people's mediation system and the status quo, and the prospect of the legal system of China. The book also contains sections and information on the general and specific laws concerning joint ventures, China-foreign enterprises, etc, combining introductory information with practicality.
Category: Law