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Inside China's Legal System

Author : Chang Wang
Publisher : Chandos Publishing
ISBN 13 : 9780081013410
Total Pages : 390 pages
Book Rating : 4.0/5 (134 download)

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Book Synopsis Inside China's Legal System by : Chang Wang

Download or read book Inside China's Legal System written by Chang Wang and published by Chandos Publishing. This book was released on 2017-11-13 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Uses extensive legal materials and historical documents generally unavailable to Western based academicsGives insider knowledge, including first-hand experience teaching law, and close involvement with judges,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"

Civil Law in Qing and Republican China

Author :
Publisher : Stanford University Press
ISBN 13 : 0804779279
Total Pages : 358 pages
Book Rating : 4.8/5 (47 download)

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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.

Implementation of Law in the People's Republic of China

Author : Jianfu Chen
Publisher : BRILL
ISBN 13 : 9004481184
Total Pages : 386 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Implementation of Law in the People's Republic of China by : Jianfu Chen

Download or read book Implementation of Law in the People's Republic of China written by Jianfu Chen and published by BRILL. This book was released on 2021-08-04 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: China, after some twenty years of reform, is no longer a country without law. Indeed, one may legitimately complain that there are too many laws that are changing too rapidly. However, law acquires no life nor performs its intended social functions without proper implementation and enforcement. Here, few people, Chinese or foreign, are content with the general situation of implementation of law in China. The problems and difficulties in implementing and enforcing laws and regulations are reported and discussed in the various forums of the Chinese media almost on a daily basis, and often reported in Western media also. Academics in China are filling the pages of various legal journals with their diagnoses and analyses of the causes of, and solutions to, the lack of proper implementation of law, and legal regulations and policy measures are being issued to deal with these problems and to overcome the difficulties. The future of the rule of law in China, as we are so often reminded by scholars of Chinese politics and law, largely depends on the proper implementation and enforcement of law. This is a book about `law-in-action' in China, that is, it focuses on the administration of the law as a process through which `law-in-the-books' is put into action and, hence, is made to perform its intended social functions. It deals with the process, the institutional settings (the players), and the political, economic, social, and cultural settings (the factors) involved in the administration of law in China. Throughout the book, we will see a variety of problems and difficulties involved in implementing and enforcing laws and regulations that are identified and analyzed by the contributors. We will also see analyses on legal regulations and policy measures that have been issued to rectify the many identified problems, to raise the standard of actual implementation of law, and to improve the functioning of the various law-implementing/enforcing authorities. Additionally, the book provides various case studies on implementation of law in China. The present book, we believe, is among the first collective efforts at a systematic and comprehensive study of the implementation of law in China, and we hope that it will stimulate many more such studies - studies on the actual operation and impact of law on society and on individuals.

Interpreting China's Legal System

Author : Lin Li
Publisher : World Scientific
ISBN 13 : 9813231327
Total Pages : 547 pages
Book Rating : 4.8/5 (132 download)

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Book Synopsis Interpreting China's Legal System by : Lin Li

Download or read book Interpreting China's Legal System written by Lin Li and published by World Scientific. This book was released on 2018-01-03 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Criminal Justice in China

Author : Klaus Mu_hlhahn
Publisher : Harvard University Press
ISBN 13 : 9780674054332
Total Pages : 378 pages
Book Rating : 4.0/5 (543 download)

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Book Synopsis Criminal Justice in China by : Klaus Mu_hlhahn

Download or read book Criminal Justice in China written by Klaus Mu_hlhahn and published by Harvard University Press. This book was released on 2009-04-30 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Limits of the Rule of Law in China

Author : Karen G. Turner
Publisher : University of Washington Press
ISBN 13 : 0295803894
Total Pages : 384 pages
Book Rating : 4.2/5 (958 download)

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Book Synopsis The Limits of the Rule of Law in China by : Karen G. Turner

Download or read book The Limits of the Rule of Law in China written by Karen G. Turner and published by University of Washington Press. This book was released on 2015-05-01 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Limits of the Rule of Law in China, fourteen authors from different academic disciplines reflect on questions that have troubled Chinese and Western scholars of jurisprudence since classical times. Using data from the early 19th century through the contemporary period, they analyze how tension between formal laws and discretionary judgment is discussed and manifested in the Chinese context. The contributions cover a wide range of topics, from interpreting the rationale for and legacy of Qing practices of collective punishment, confession at trial, and bureaucratic supervision to assessing the political and cultural forces that continue to limit the authority of formal legal institutions in the People’s Republic of China.

Constitutional Law in China

Author : Feng Lin
Publisher :
ISBN 13 :
Total Pages : 406 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Constitutional Law in China by : Feng Lin

Download or read book Constitutional Law in China written by Feng Lin and published by . This book was released on 2000 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Sovereign Power and the Law in China

Author : Flora Sapio
Publisher : BRILL
ISBN 13 : 9004187685
Total Pages : 378 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Sovereign Power and the Law in China by : Flora Sapio

Download or read book Sovereign Power and the Law in China written by Flora Sapio and published by BRILL. This book was released on 2010-07-12 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work undertakes an analysis of extra-legal institutions in China’s criminal justice, explaining their resilience and entrenchment with the thesis that sovereign power is premised on juridical mechanisms that allow the suspension of rights.

The Chinese Legal System

Author : Pitman B. Potter
Publisher : Routledge
ISBN 13 : 1134561296
Total Pages : 272 pages
Book Rating : 4.1/5 (345 download)

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Book Synopsis The Chinese Legal System by : Pitman B. Potter

Download or read book The Chinese Legal System written by Pitman B. Potter and published by Routledge. This book was released on 2005-07-08 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Chinese Road of the Rule of Law

Author : Lin Li
Publisher : Springer
ISBN 13 : 9811089655
Total Pages : 311 pages
Book Rating : 4.8/5 (11 download)

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Book Synopsis The Chinese Road of the Rule of Law by : Lin Li

Download or read book The Chinese Road of the Rule of Law written by Lin Li and published by Springer. This book was released on 2018-06-06 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book studies the practical experience and theoretical development of rule of law in China, and provides fundamental theory for the construction of rule of law in contemporary China. The author examines the rule of law by exploring the entire legal system, and highlighting various aspects including the legislation, law enforcement and supervision systems. Readers will also discover the author’s strong opinions on scientific legislation, legal government, judicial reform, and the culture of rule of law. This highly readable book will appeal to both general readers and researchers interested in rule of law in China.

Law and Society in China

Author : Vai Io Lo
Publisher : Edward Elgar Publishing
ISBN 13 : 1785363093
Total Pages : 200 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Law and Society in China by : Vai Io Lo

Download or read book Law and Society in China written by Vai Io Lo and published by Edward Elgar Publishing. This book was released on 2020-02-28 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and Society in China examines the interplay between law and society from imperial to present-day China. This synoptic book traces the developments of law in Chinese societies, investigates the role of law in social governance, and discusses China’s ongoing reforms towards the rule of law with Chinese characteristics. In fostering a comprehensive, rather than piecemeal and disconnected, understanding of the interaction between law and society in China, this book will reduce misconceptions about and enhance appreciation for Chinese law.

Private International Law in China

Author : Guangjian Tu
Publisher : Springer
ISBN 13 : 9812879935
Total Pages : 192 pages
Book Rating : 4.8/5 (128 download)

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Book Synopsis Private International Law in China by : Guangjian Tu

Download or read book Private International Law in China written by Guangjian Tu and published by Springer. This book was released on 2015-10-28 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a systematic elaboration of Chinese Private International Law, reveals the general techniques concerning conflict of laws in China, explains the detailed Chinese conflict rules for different areas of law, and demonstrates how international civil litigation is pursued in China. Clearly structured and written by a native Chinese scholar specializing in the field, the book’s easy-to-read style makes it accessible to a broad readership, while its content makes it a useful reference guide, especially for jurists and researchers.

The Politics of Law and Stability in China

Author : Susan Trevaskes
Publisher : Edward Elgar Publishing
ISBN 13 : 1783473878
Total Pages : 304 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis The Politics of Law and Stability in China by : Susan Trevaskes

Download or read book The Politics of Law and Stability in China written by Susan Trevaskes and published by Edward Elgar Publishing. This book was released on 2014-07-31 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

China's Legal Reform

Author : Keyuan Zou
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004152326
Total Pages : 279 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis China's Legal Reform by : Keyuan Zou

Download or read book China's Legal Reform written by Keyuan Zou and published by Martinus Nijhoff Publishers. This book was released on 2006 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: China's entry into the World Trade Organization (WTO) has had a tremendous impact on the development and reform of China's legal system. This book focuses on the developments of China's legal system as well as its reform in the context of globalization. It covers various topics, including constitutional changes, law-based administration, and more.

Bird in a Cage

Author : Stanley B. Lubman
Publisher : Stanford University Press
ISBN 13 : 9780804743785
Total Pages : 464 pages
Book Rating : 4.7/5 (437 download)

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Book Synopsis Bird in a Cage by : Stanley B. Lubman

Download or read book Bird in a Cage written by Stanley B. Lubman and published by Stanford University Press. This book was released on 1999 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the principal legal institutions that have emerged in China and considers implications for U.S. policy of the limits on China's ability to develop meaningful legal institutions.

Rule Of Law In China: Progress And Problems

Author : Lin Li
Publisher : World Scientific
ISBN 13 : 9811210969
Total Pages : 496 pages
Book Rating : 4.8/5 (112 download)

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Book Synopsis Rule Of Law In China: Progress And Problems by : Lin Li

Download or read book Rule Of Law In China: Progress And Problems written by Lin Li and published by World Scientific. This book was released on 2020-04-28 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book comprehensively introduces the development of rule of law and law-based governance in China. Through theoretical interpretation, background analysis and empirical analysis of several key issues, this book answers why and how China promotes its rule of law and how the country identifies major challenges of promoting rule of law. It also looks at how China solves its problems in the process of practicing socialist rule of law.

Comparative Perspectives on Criminal Justice in China

Author : Michael McConville
Publisher : Edward Elgar Publishing
ISBN 13 : 1781955867
Total Pages : 593 pages
Book Rating : 4.7/5 (819 download)

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Book Synopsis Comparative Perspectives on Criminal Justice in China by : Michael McConville

Download or read book Comparative Perspectives on Criminal Justice in China written by Michael McConville and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Comparative Perspectives on Criminal Justice in China is highly recommended. The editors have assembled the leading Western and Chinese scholars in the field to examine the administration of criminal justice in China, showing both how far the system has come and the challenges that lie ahead. This is an important and timely book. It is essential reading for anyone who wants to understand or has to deal with the Chinese criminal justice system.' Klaus Mühlhahn, Freie Universität Berlin, Germany 'This highly informative and engaging volume on the Chinese criminal justice system today provides a window into the vagaries of law and its operation in the People's Republic. McConville and Pils bring together an impressive array of scholars whose studies span the criminal process. From initial police investigation, through to prosecution and sentencing of defendants, we see how dominant values in the Chinese state and its structures of power make the practice of criminal justice today still intensely political.' Susan Trevaskes, Griffith University, Australia Comparative Perspectives on Criminal Justice in China is an anthology of chapters on the contemporary criminal justice system in mainland China, bringing together the work of recognised scholars from China and around the world. The book addresses issues at various stages of the criminal justice process (investigation and prosecution of crime and criminal trial) as well as problems pertaining to criminal defence and to parallel systems of punishment. All of the contributions discuss the criminal justice system in the context of China's legal reforms. Several of the contributions urge the conclusion that the criminal process and related processes remain marred by overwhelming powers of the police and Party-State, and a chapter discussing China's 2012 revision of its Criminal Procedure Law argues that the revision is unlikely to bring significant improvement. This diverse comparative study will appeal to academics in Chinese law, society and politics, members of the human rights NGO and diplomatic communities as well as legal professionals interested in China.