Chinas Legal System

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Understanding China S Legal System

Author : C. Stephen Hsu
ISBN : 081473653X
Genre : Law
File Size : 28.97 MB
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Category: Law

The Changing Chinese Legal System 1978 Present

Author : Bin Liang
ISBN : 9781135903220
Genre : Law
File Size : 74.31 MB
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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.
Category: Law

Inside China S Legal System

Author : Chang Wang
ISBN : 9780857094612
Genre : Law
File Size : 85.57 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

Author : Pitman Potter
ISBN : 9780745672168
Genre : Law
File Size : 26.37 MB
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China’s struggle for the rule of law is at a critical juncture. As a key element of governance in the PRC today, China’s legal system affects not only domestic affairs but also China’s engagement with the world. But can a credible legal system emerge which protects the rights of citizens and international partners without undermining the power of the Party State? And is the Chinese Communist Party willing to embark on judicial reforms that may jeopardize its very survival? Understanding the PRC legal system is increasingly important as China rises to prominence in the world. In this compelling analysis, noted legal scholar Pitman Potter examines the ideals and practices of China’s legal regime, in light of international standards and local conditions. Against a rich historical backdrop, Potter explains how China’s legal system supports three key policy objectives; namely, political stability, economic prosperity, and social development. In exploring these competing policy goals and the tensions between them, he also raises fundamental questions about government expectations of the role of law in regulating local and international socio-economic and political relationships. This wide-ranging and readable introduction will be an invaluable guide for students and non-specialists interested in China’s ongoing process of legal modernization.
Category: Law

China S Legal System

Author : 杜西川
ISBN : STANFORD:36105044540503
Genre : Law
File Size : 49.46 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

China S Marine Legal System And The Law Of The Sea

Author : Keyuan Zou
ISBN : UVA:35007006345858
Genre : Law
File Size : 44.66 MB
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This volume focuses on the establishment and development of China's marine legal system in the context of the new law of the sea centered on the 1982 United Nations Convention on the Law of the Sea, which China ratified in 1996.
Category: Law

Interpreting China S Legal System

Author : Li Lin
ISBN : 9789813231320
Genre : Law
File Size : 71.50 MB
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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. Contents: Introduction to China's Legal SystemChina's Legislative SystemLaw System with Chinese CharacteristicsChina's Constitutional Law SystemChina's Administrative Legal SystemChina's Civil and Commercial Legal SystemChina's Economic Legal SystemChina's Social Legal SystemChina's Criminal Legal SystemChinese Legal System in Litigation and Non-litigation Procedure"One Country, Two Systems" and Legal System in the Special Administrative RegionInternational Law and China's Law System Readership: Policymakers, professionals, academics, undergraduate and graduate students interested in China's legal system. Keywords: China;Legal System;International Law;Special Administrative Region;Economic Legal System;Social Legal System;Criminal Legal System;Litigation and Non-litigation ProcedureReview: Key Features: Provides comprehensive and systematic analysis of China's legal system
Category: Law

The Legal System Of The Chinese Soviet Republic 1931 1934

Author : William Elliott Butler
ISBN : UCAL:B4508760
Genre : Law
File Size : 85.27 MB
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This book analyzes the influences of Chinese, Soviet, Japanese, Mongolian, and East European legal systems on the revolutionary laws of the Chinese Soviet Republic from which much of current Chinese Communist law evolved.
Category: Law

The Chinese Commercial Legal System

Author : Patricia Blazey
ISBN : 045522496X
Genre : China
File Size : 64.38 MB
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The economic power and influence of The People's Republic of China continues to grow. Accordingly, an appreciation of the commercial environment of China has never been so important. THE CHINESE COMMERCIAL LEGAL SYSTEM provides a valuable insight into significant features of commercial law and culture in China. Written by specialists on Chinese business law from Australia, South-East Asia and China itself, this book addresses the intricacies of Chinese business culture from both perspectives. The distinctiveness of this book lies in its consideration of the historical discussion of China's legal system, exploring the relationship between law, business and culture. The reader can then understand why China has never regarded law as fundamental to its business practice and why it is now rapidly passing laws in order to comply with its obligations under the WTO. The text also attempts to explain why Chinese culture permeates eery facet of commercial life.
Category: China

China S Criminal Justice System

Author : United States. Congressional-Executive Commission on China
ISBN : MINN:31951D017887608
Genre : Criminal justice, Administration of
File Size : 56.30 MB
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Category: Criminal justice, Administration of

Foreign Investment In China

Author : Peter Howard Corne
ISBN : 9781571050496
Genre : Law
File Size : 81.61 MB
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China's legal system is characterized by the gap between law and reality. Focusing on regulatory law, and with reference to the foreign investment area, this book identifies the functional and structural problems within China's administrative legal system that perpetuate this gap. Topics examined in depth include China's unusual hierarchy of legislation, the lack of clear delineation between legal and policy norms, the great scope of discretion accorded to bodies charged with legal interpretation and implementation, the limited scope of judicial review, and the resulting problems of legislative inconsistency and haphazard legal enforcement. The book contends that China's legal system is being built on a faulty and incomplete basis, and that if these problems remain unaddressed, China's legal future is at risk.
Category: Law

The Common Law In Chinese Context

Author : Berry Fong-Chung Hsu
ISBN : 9622093019
Genre : Law
File Size : 25.38 MB
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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?
Category: Law

China S Changing Legal System

Author : Thomas W. Simon
ISBN : 9781137452061
Genre : Law
File Size : 39.7 MB
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While much international attention has been focused on China's developing economy, dramatic changes are also taking place in its legal system. This book is a groundbreaking, comprehensive introduction to China's legal system, covering the major areas of both civil and criminal law. The authors present fascinating cases and balanced accounts of controversial issues, from copyright law to punishment. By letting Chinese lawyers and judges speak for themselves, the authors also allow readers a surprisingly candid insider's view of real life legal practice.
Category: Law

The Development Of The Chinese Legal System

Author : Guanghua Yu
ISBN : 9781136872761
Genre : Law
File Size : 60.36 MB
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In recent years the Chinese legal system has undergone many reforms and this book brings the literature up to date, offering a contemporary account of the law and administration in China. This book is the result of collective efforts in analysing the political, economic and social factors which affect the development of Chinese law. The volume contains contributions from a number of experts and scholars of Chinese law who examine some of the most important areas of Chinese law. The book covers constitutional law, criminal law, property law, mortgage law, intellectual property law, corporate law, securities regulation, banking regulation, civil procedural law, arbitration law, environmental law, and the regulation of telecommunications services. Whilst the book addresses a number of diverse legal areas all the contributions look to explain the factors which led to the development of the law and the consequences of such developments, as well as the progress made by developing legal institutions and the possible obstacles to future development.
Category: Law

Criminal Justice In China

Author : Klaus Mühlhahn
ISBN : 0674054334
Genre : History
File Size : 89.83 MB
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In a groundbreaking work, Klaus Muhlhahn offers a comprehensive examination of the criminal justice system in modern China, an institution deeply rooted in politics, society, and culture. In late imperial China, flogging, tattooing, torture, and servitude were routine punishments. Sentences, including executions, were generally carried out in public. After 1905, in a drive to build a strong state and curtail pressure from the West, Chinese officials initiated major legal reforms. Physical punishments were replaced by fines and imprisonment. Capital punishment, though removed from the public sphere, remained in force for the worst crimes. Trials no longer relied on confessions obtained through torture but were instead held in open court and based on evidence. Prison reform became the centerpiece of an ambitious social-improvement program. After 1949, the Chinese communists developed their own definitions of criminality and new forms of punishment. People's tribunals were convened before large crowds, which often participated in the proceedings. At the center of the socialist system was reform through labor, and thousands of camps administered prison sentences. Eventually, the communist leadership used the camps to detain anyone who offended against the new society, and the crime of counterrevolution was born. Muhlhahn reveals the broad contours of criminal justice from late imperial China to the Deng reform era and details the underlying values, successes and failures, and ultimate human costs of the system. Based on unprecedented research in Chinese archives and incorporating prisoner testimonies, witness reports, and interviews, this book is essential reading for understanding modern China.
Category: History

Chinese Justice

Author : Margaret Y. K. Woo
ISBN : 9781139499293
Genre : Law
File Size : 51.19 MB
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This volume analyzes whether China's thirty years of legal reform have taken root in Chinese society by examining how ordinary citizens are using the legal system in contemporary China. It is an interdisciplinary look at law in action and at legal institutions from the bottom up, that is, beginning with those at the ground level that are using and working in the legal system. It explores the emergent Chinese conception of justice - one that seeks to balance Chinese tradition, socialist legacies and the needs of the global market. Given the political dimension of dispute resolution in creating, settling and changing social norms, this volume contributes to a greater understanding of political and social change in China today and of the process of legal reform generally.
Category: Law

The Chinese Legal System

Author : Pitman B. Potter
ISBN : 9781134561292
Genre : Social Science
File Size : 73.87 MB
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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.
Category: Social Science