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Chinese Civil Adjudications Iii
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Book Synopsis Chinese Civil Adjudications III by : Cui Jianyuan
Download or read book Chinese Civil Adjudications III written by Cui Jianyuan and published by Taylor & Francis. This book was released on 2024-05-22 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the final volume of a three-volume set that critically examines typical civil cases in China, this book focuses on resolving conflicts between outdated laws and an advancing society. Laws may become obsolete over time, or their relevance may be greatly diminished. With social changes and changes in the social system, it becomes inevitable to update laws. In China's reform and opening-up era, the social relations governed by civil and commercial laws are constantly evolving, resulting in noticeable changes. However, the enacted and effective civil and commercial laws may not immediately keep pace with these changes. Against this background, it may not always be appropriate to apply the law mechanically, especially in individual cases. Judgments in particular cases may be based on the details of those cases, guided by fundamental principles, and may disregard certain specific provisions in order to achieve fairness and justice. Some of the nine cases discussed in this volume have successfully practiced these principles, but most still have room for criticism and improvement. The book will appeal to scholars and students interested in China's civil litigation, civil law system and judicial reform, and comparative law.
Book Synopsis Chinese Civil Adjudications III by : Jianyuan Cui
Download or read book Chinese Civil Adjudications III written by Jianyuan Cui and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The three-volume set reviews and evaluates 27 typical civil cases in China with the aim of refining the interpretation and application of the law through case guidance. One of the most important functions of the Supreme Court in any jurisdiction is to provide guidance to unify the interpretation and application of the law, thereby ensuring judicial consistency and legal stability. China's case guidance system also strives for this ideal. This book attempts to serve as a reference source for case guidance, which will greatly benefit the construction of the case guidance system. The three volumes address three different concerns related to selected cases: 1. the application of legal relations methodology in civil judgments, 2. the importance of constitutive requirements in civil judgments, and 3. the resolution of conflicts between outdated laws and a progressive society. This set will appeal to scholars and students interested in China's civil litigation, civil law system and judicial reform, and comparative law"--
Book Synopsis Chinese Civil Adjudications by : Jianyuan Cui
Download or read book Chinese Civil Adjudications written by Jianyuan Cui and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The three-volume set reviews and evaluates 27 typical civil cases in China with the aim of refining the interpretation and application of the law through case guidance. One of the most important functions of the Supreme Court in any jurisdiction is to provide guidance to unify the interpretation and application of the law, thereby ensuring judicial consistency and legal stability. China's case guidance system also strives for this ideal. This book attempts to serve as a reference source for case guidance, which will greatly benefit the construction of the case guidance system. The three volumes address three different concerns related to selected cases: 1. the application of legal relations methodology in civil judgments, 2. the importance of constitutive requirements in civil judgments, and 3. the resolution of conflicts between outdated laws and a progressive society. This set will appeal to scholars and students interested in China's civil litigation, civil law system and judicial reform, and comparative law"--
Book Synopsis Chinese Civil Adjudications I by : Cui Jianyuan
Download or read book Chinese Civil Adjudications I written by Cui Jianyuan and published by Taylor & Francis. This book was released on 2024-05-22 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the first volume of a three-volume set that provides critical reviews of typical civil cases in China, this book focuses on the methodology of legal relations and their importance in adjudication. It is crucial to identify and determine the specific legal relationship that encompasses certain civil rights or obligations. This allows for the application of appropriate or analogous legal norms. By using these norms, along with the entire body of law or rule of law, it becomes possible to identify all the civil rights and obligations within that legal relationship and to understand their interrelationships. This leads to the proper handling of controversial cases. In the nine cases discussed in this volume, the method of legal relations was overlooked to varying degrees. Therefore, an important goal of this volume is to encourage both legal practice and theoretical research to take note of and implement the methodology of legal relations. The book will appeal to scholars and students interested in China's civil litigation, civil law system and judicial reform, and comparative law.
Book Synopsis Chinese Civil Adjudications by : Jianyuan Cui
Download or read book Chinese Civil Adjudications written by Jianyuan Cui and published by Routledge. This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The three-volume set reviews and evaluates 27 typical civil cases in China with the aim of refining the interpretation and application of the law through case guidance. One of the most important functions of the Supreme Court in any jurisdiction is to provide guidance to unify the interpretation and application of the law, thereby ensuring judicial consistency and legal stability. China's case guidance system also strives for this ideal. This book attempts to serve as a reference source for case guidance, which will greatly benefit the construction of the case guidance system. The three volumes address three different concerns related to selected cases: 1) the application of legal relations methodology in civil judgments, 2) the importance of constitutive requirements in civil judgments, and 3) the resolution of conflicts between outdated laws and a progressive society. This set will appeal to scholars and students interested in China's civil litigation, civil law system and judicial reform, and comparative law.
Book Synopsis Chinese Civil Adjudications II by : Cui Jianyuan
Download or read book Chinese Civil Adjudications II written by Cui Jianyuan and published by Taylor & Francis. This book was released on 2024-05-22 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the second volume of a three-volume set that critically reviews typical civil cases in China, this book focuses on the importance of constitutive requirements of legal rules. A legal rule consists of constitutive requirements and legal effects. The constitutive requirements should trigger specific legal effects and not lead to unintended consequences. If they do not, the application of a legal rule may not produce the desired result. Any change in the constitutive requirements should result in a corresponding change in the legal effects. A mismatch between the two can lead to unfairness and injustice. In the nine cases discussed in this volume, these principles were either seriously overlooked or given insufficient attention, with various negative consequences. The book will appeal to scholars and students interested in China's civil litigation, civil law system and judicial reform, and comparative law.
Book Synopsis Civil Justice in China by : Philip C. C. Huang
Download or read book Civil Justice in China written by Philip C. C. Huang and published by Stanford University Press. This book was released on 1996 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: To what extent do newly available case records bear out our conventional assumptions about the Qing legal system? Is it true, for example, that Qing courts rarely handled civil lawsuits--those concerned with disputes over land, debt, marriage, and inheritance--as official Qing representations led us to believe? Is it true that decent people did not use the courts? And is it true that magistrates generally relied more on moral predilections than on codified law in dealing with cases? Based in large part on records of 628 civil dispute cases from three counties from the 1760’s to the 1900’s, this book reexamines those widely accepted Qing representations in the light of actual practice. The Qing state would have had us believe that civil disputes were so "minor” or "trivial” that they were left largely to local residents themselves to resolve. However, case records show that such disputes actually made up a major part of the caseloads of local courts. The Qing state held that lawsuits were the result of actions of immoral men, but ethnographic information and case records reveal that when community/kin mediation failed, many common peasants resorted to the courts to assert and protect their legitimate claims. The Qing state would have had us believe that local magistrates, when they did deal with civil disputes, did so as mediators rather than judges. Actual records reveal that magistrates almost never engaged in mediation but generally adjudicated according to stipulations in the Qing code.
Book Synopsis Supreme Courts in Transition in China and the West by : Cornelis Hendrik (Remco) van Rhee
Download or read book Supreme Courts in Transition in China and the West written by Cornelis Hendrik (Remco) van Rhee and published by Springer. This book was released on 2017-02-20 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume looks at supreme courts in China and the West. It examines the differences and similarities between the Supreme People’s Court of Mainland China and those that follow Western models. It also offers a comparative study of a selection of supreme courts in Europe and Latin America. The contributors argue that the Supreme Courts should give guidance to the development of the law and provide legal unity. For China, the Chinese author argues, that therefore there should be more emphasis on the procedure for reopening cases. The chapters on Western-style supreme courts argue that there should be adequate access filters; the procedure of reopening cases is considered to be problematic from the perspective of the finality of the administration of justice. In addition, the authors discuss measures that allow supreme courts in both regions to deal with their existing caseload, to reduce this caseload, and to avoid divergences in the case law of the supreme court. This volume offers ideas that will help supreme courts in both the East and the West to remove unmanageable caseloads. As a result, these courts will be better able to assist in the interpretation and clarification of the law, to provide for legal unity, and to give guidance to the development of the law.
Book Synopsis Dispute Resolution in the People’s Republic of China by : Zhiqiong June Wang
Download or read book Dispute Resolution in the People’s Republic of China written by Zhiqiong June Wang and published by BRILL. This book was released on 2019-12-02 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive and contextual analysis of the various methods of civil dispute resolution in the PRC. The approach to analysis is historical, comparative and socio-legal.
Book Synopsis Civil Law in Qing and Republican China by :
Download or read book Civil Law in Qing and Republican China written by and published by Stanford University Press. This book was released on 1994-08 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: The opening of local archives to Western scholars in the 1980's has provided the basis for this reexamination of civil law in Qing and Republican China. This pathbreaking volume demonstrates that, contrary to previous scholarly understanding, Qing and Republican courts dealt extensively with such civil matters as land rights, debt, marriage, and inheritance, and did so with striking consistency and in conformity with the written code.
Author :China Institute of Applied Jurisprudence Publisher :Springer Nature ISBN 13 :9811684103 Total Pages :449 pages Book Rating :4.8/5 (116 download)
Book Synopsis Selected Cases from the Supreme People’s Court of the People’s Republic of China by : China Institute of Applied Jurisprudence
Download or read book Selected Cases from the Supreme People’s Court of the People’s Republic of China written by China Institute of Applied Jurisprudence and published by Springer Nature. This book was released on 2022-05-17 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book includes guiding cases of the Supreme People’s Court, cases deliberated at the Adjudication Committee of the Supreme People’s Court, and cases discussed at the Joint Meetings of Presiding Judges from various tribunals. This book is divided into three sections, including Cases by Justices, Cases at the Adjudication Committee and Typical Cases, which will introduce readers to Chinese legal process, legal methodology and ideology in an intuitive, clear and accurate manner. This volume presents cases selected by the trial departments of the Supreme People’s Court of China from their concluded cases. In order to give full weight to the legal value and social function of cases from the Supreme People’s Court, and to achieve the goal of serving trial practices, serving economic and social development, serving legal education and legal scholarship, serving the rule of law in China, the China Applied Jurisprudence Institute, with the approval of the Supreme People’s Court, opts to publish Selected Cases from the Supreme People’s Court of the People’s Republic of China in both Chinese and English, for domestic and overseas distribution.
Book Synopsis Mediation in Contemporary Chinese Civil Justice by : Peter C.H. Chan
Download or read book Mediation in Contemporary Chinese Civil Justice written by Peter C.H. Chan and published by Martinus Nijhoff Publishers. This book was released on 2017-09-18 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Mediation in Contemporary Chinese Civil Justice, Peter Chan offers one of the most comprehensive analyses of the system of mediation of civil and commercial disputes in contemporary China. Based on extensive interviews with judges and a survey on in-court mediation covering 24 courts in China, the author seeks to answer a question that interests many legal scholars: Is it practically feasible for the mediation of civil disputes in China to take the shape of genuine alternative dispute resolution, rather than being used by the courts as a means to preserve social stability? The book looks beyond procedural rules and examines how judicial culture and beliefs shape the landscape of civil dispute resolution in China.
Book Synopsis Civil Litigation in China and Europe by : C.H. (Remco) van Rhee
Download or read book Civil Litigation in China and Europe written by C.H. (Remco) van Rhee and published by Springer. This book was released on 2016-09-17 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume addresses the role of the judge and the parties in civil litigation in mainland China, Hong Kong and various European jurisdictions. It provides an overview and an analysis of how these respective roles have been changed in order to cope with growing caseloads and quality demands. It also shows the different approaches chosen in the jurisdictions covered. Mainland China is introducing far-reaching reforms in its system of civil litigation. From an inquisitorial procedure, in which the parties play a relatively minor role, the country is changing to a more adversarial system with increased powers for the parties. At the same time, case management and the role of the judge as it is understood in mainland China remains different from case management and the role of the judge in Western countries, mainly as regards the limited powers of individual Chinese judges in this respect. Changes in China are justified by the ever-increasing case load of the Chinese courts and the consequent inability to deal with cases in an adequate manner, even though generally speaking Chinese courts still adjudicate civil cases within a relatively short time frame (this may, however, be problematic when viewed from the perspective of the quality of adjudication). Growing caseloads and quality concerns may also be observed in various European states and Hong Kong. In these jurisdictions the civil procedural systems have a relatively adversarial character and it is some of the adversarial features of the existing systems of procedure which are felt to be problematic. Therefore, the lawmakers have opted for increasing the powers of the judge, often making the judge and the parties mutually responsible for the proper conduct of civil cases. Starting from opposite directions, mainland China and the various European states and Hong Kong could meet half way in their reform attempts. This is, however, only possible if a proper understanding is fostered of the developments in these different parts of the World. Even though in both China and Europe the academic community and lawmakers are showing a keen interest in the relevant developments abroad, a study addressing the role of the judge and the parties in civil litigation in both China and Europe is still missing. This book aims to fill this gap in the existing literature.
Book Synopsis Chinese Contract Law by : Larry A. DiMatteo
Download or read book Chinese Contract Law written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2017-10-26 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
Book Synopsis Ruling Before the Law by : William Hurst
Download or read book Ruling Before the Law written by William Hurst and published by Cambridge University Press. This book was released on 2018-04-19 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building on extensive fieldwork in China and Indonesia, Hurst offers a valuable comparison of legal systems in practice.
Book Synopsis The Draft Civil Code of the People's Republic of China by : Huixing Liang
Download or read book The Draft Civil Code of the People's Republic of China written by Huixing Liang and published by BRILL. This book was released on 2010-10-05 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the beginning of the 20th century, various attempts have been made by legal scholars to draft a Civil Code in China. However, only since the 1980s, when the ‘open-door’ policy was implemented, has Chinese Civil law become the basis for the development of a socialist market economy. Since the adoption of Chinese contract law (1999), property Law (2007) and tort Law (2009) in recent years, the basic construction of a socialist civil law system has been formulated. For the completion of a systematic civil law structure, a Civil Code has now been further advocated by society. The Draft Civil Code, prepared by the Chinese Academy of Social Sciences headed by Liang Huixing, is the first Draft Civil Code since the establishment of the People’s Republic of China. The English translation of this code aims to provide a source for western scholars to provide some knowledge on recent developments of Chinese civil law. Also available as a Paperback edition (978-90-04-17915-8).
Book Synopsis Chinese Civil Justice, Past and Present by : Philip C. Huang
Download or read book Chinese Civil Justice, Past and Present written by Philip C. Huang and published by Rowman & Littlefield. This book was released on 2010 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: The culmination of twenty years of research, this essential book completes distinguished historian Philip C. C. Huang's pathbreaking trilogy on Chinese law and society from late imperial times to the present. The author argues that, despite formal adherence to Western law and legal theory, traditional Chinese judicial practices continue to flourish. Huang draws on a rich array of court records and field interviews to illustrate the surprising strength of traditional Chinese civil justice, as can be seen in societal and cadres mediation, and in court actions with respect to property rights, inheritance and old-age maintenance, and debts. Maoist justice too remains influential, especially its divorce and court mediation practices. Finally, despite the recent massive adoption of Western laws, legal reasoning employed in judicial practice has shown stunning continuity, with major implications for China's future.
