The Tradition And Modern Transition Of Chinese Law

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The Tradition and Modern Transition of Chinese Law

Author : Jinfan Zhang
Publisher : Springer Science & Business Media
ISBN 13 : 3642232663
Total Pages : 719 pages
Book Rating : 4.6/5 (422 download)

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Book Synopsis The Tradition and Modern Transition of Chinese Law by : Jinfan Zhang

Download or read book The Tradition and Modern Transition of Chinese Law written by Jinfan Zhang and published by Springer Science & Business Media. This book was released on 2014-02-20 with total page 719 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book was first published in 1997, and was awarded the first prize of scientific research by the Ministry of Justice during the ninth Five-Year Plan of China. In 2005, it was adopted the text book for the postgraduates of law majors. In 2009, it was awarded the second prize of the best books on law in China. The book discusses from different aspects the long legal tradition in China, and it not only helps us to have a further understanding of Chinese legal system but also combines theories and practice and illustrate the modern legal transition which probes the history of Chinese legal system. As is known to us all, China is a country with a long legal history, which can be traced back to more than three thousand year ago. So the legal tradition of China has been passed down from generation to generation without any interruptions. This feature is peculiar to Chinese legal history which is beyond all comparison with that of other countries such as ancient Egypt, ancient India, ancient Babylon and ancient Persia. Through the study of Chinese legal history we can have a deeper understanding of the histories, features, origins and the transition of Chinese legal tradition. The Chinese legal tradition originated from China, and it is the embodiment of the wisdom and creativity of Chinese civilization. The great many books, researching materials, legal constitutions, archives, files and records of different dynasties in China have provided us with rare, complete and systematic materials to research. The book has a complete, systematic and detailed research on Chinese legal tradition and its transition and it gives people a correct recognition of the process of the perfection of laws during its development and its position as well as its value in the social progress in order to grasp its regular patterns. It also has showed us the most valuable part and core of Chinese legal Tradition and it is a summary of Chinese legal tradition and its transition from different perspectives, different angles and different levels. From the book, we can see that the ancient Chinese Legal Culture had once shocked the world and exerted great influence on the civilization of the world legal system, especially the legal systems in Asian countries. The book also has discussed the reestablishment of law in the late Qing Dynasty and the beginning of the Chinese law’s transition to modernity. In a word, the book has not only combined the legal system and the legal culture together, but also integrated the important historical figures and events ingeniously and it is a valuable and readable book with authenticity.

Heaven Has Eyes

Author : Xiaoqun Xu
Publisher : Oxford University Press
ISBN 13 : 0190060050
Total Pages : 352 pages
Book Rating : 4.1/5 (9 download)

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Book Synopsis Heaven Has Eyes by : Xiaoqun Xu

Download or read book Heaven Has Eyes written by Xiaoqun Xu and published by Oxford University Press. This book was released on 2020-08-03 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Heaven Has Eyes is a comprehensive but concise history of Chinese law and justice from the imperial era to the post-Mao era. Never before has a single book treated the traditional Chinese law and judicial practices and their modern counterparts as a coherent history, addressing both criminal and civil justice. This book fills this void. Xiaoqun Xu addresses the evolution and function of law codes and judicial practices throughout China's long history, and examines the transition from traditional laws and practices to modern ones in the twentieth century. To the Chinese of the imperial era, justice was an alignment of heavenly reason (tianli), state law (guofa), and human relations (renqing). Such a conception did not change until the turn of the twentieth century, when Western-derived notions-natural rights, legal equality, the rule of law, judicial independence, and due process--came to replace the Confucian moral code of right and wrong. The legal-judicial reform agendas that emerged in the beginning of the twentieth century (and are still ongoing today) stemmed from this change in Chinese moral and legal thinking, but to materialize the said principles in everyday practices is a very different order of things, and the past century was fraught with legal dramas and tragedies. Heaven Has Eyes lays out how and why that is the case.

Chinese Law

Author : Li Chen
Publisher : BRILL
ISBN 13 : 900428849X
Total Pages : 410 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Chinese Law by : Li Chen

Download or read book Chinese Law written by Li Chen and published by BRILL. This book was released on 2015-01-27 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: The twelve case studies in Chinese Law: Knowledge, Practice and Transformation, 1530s to 1950s, edited by Li Chen and Madeleine Zelin, open a new window onto the historical foundation and transformation of Chinese law and legal culture in late imperial and modern China. Their interdisciplinary analyses provide valuable insights into the multiple roles of law and legal knowledge in structuring social relations, property rights, popular culture, imperial governance, and ideas of modernity; they also provide insight into the roles of law and legal knowledge in giving form to an emerging revolutionary ideology and to policies that continue to affect China to the present day.

Chinese Law: Context and Transformation

Author : Jianfu Chen
Publisher : BRILL
ISBN 13 : 9004228896
Total Pages : 1131 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Chinese Law: Context and Transformation by : Jianfu Chen

Download or read book Chinese Law: Context and Transformation written by Jianfu Chen and published by BRILL. This book was released on 2015-12-04 with total page 1131 pages. Available in PDF, EPUB and Kindle. Book excerpt: Like the previous edition in 2008, this book examines the historical and politico-economic context in which Chinese law has developed and transformed, focusing on the underlying factors and justifications for the changes. It attempts to sketch the main trends in legal modernisation in China, offering an outline of the principal features of contemporary Chinese law and a clearer understanding of its nature from a developmental perspective. It provides comprehensive coverage of topics: ‘legal culture’ and modern law reform, constitutional law, legal institutions, law-making, administrative law, criminal law, criminal procedure law, civil law, property, family law, contracts, torts, law on business entities, securities, bankruptcy, intellectual property, law on foreign investment and trade, Chinese investment overseas, dispute settlement and implementation of law. Fully revised, updated and considerably expanded, this edition of Chinese Law: Context and Transformation is a valuable and important resource for researchers, policy-makers and teachers alike.

Chinese Law: Context and Transformation

Author : Jianfu Chen
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9047423437
Total Pages : 792 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Chinese Law: Context and Transformation by : Jianfu Chen

Download or read book Chinese Law: Context and Transformation written by Jianfu Chen and published by Martinus Nijhoff Publishers. This book was released on 2015-12-22 with total page 792 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the historical and politico-economic context in which Chinese law has developed and transformed, focusing on the underlying factors and justifications for changes. It attempts to sketch the main trends in legal modernisation in China.

Chinese Law

Author : Jianfu Chen
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041111869
Total Pages : 440 pages
Book Rating : 4.1/5 (118 download)

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Book Synopsis Chinese Law by : Jianfu Chen

Download or read book Chinese Law written by Jianfu Chen and published by Martinus Nijhoff Publishers. This book was released on 1999-07-14 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law, in particular its actual functioning in any given society, is above all a part of the culture of that society - a part of its historical, political, social and intellectual creation. If a black-letter' approach towards law in the West is under increasing criticism, it is particularly unhelpful, if not misleading, in understanding Chinese law, its nature and developments. Rather, to understand Chinese law, its nature and developments, we need to examine the Chinese legal traditions, the prevailing political and economic situations, Party policies on economic reform and tolerance towards political liberalisation, and scholarly discussions and debate. This is the approach of this book. Its aim is to put Chinese law in context', to outline the nature and present status of its development, and to analyse the meaning of the law within the Chinese context. However, this monograph does not ignore the practical needs for determining the precise contents of the black- letter' law either. A study of this kind necessarily involves a process of topic selection. However, to avoid over-generalisation and over-simplification, it also demands a considerable degree of comprehensiveness in coverage. For this reason, the book covers what the Chinese scholars term fundamental law' and basic branches' of law, while other topics are covered because they are either crucial for the understanding of the law (such as legal traditions in China) or of practical importance (such as foreign investment and trade). Chapter One provides an historical background to traditional Chinese legal culture' and modern law reforms. The historical background of specific topics is examined as the topics are analysed inthe following chapters. Chapter Two deals with the changing fate of law under Communist rule. Its focus is on the underlying factors and justifications for such changes. Chapter Three introduces discussions on specific branches of law, from public law (constitutional law, law-making, administrative law, criminal law, criminal procedure law) to private' law (civil law, family law, contracts, law on business entities, and law on foreign investment and trade). Each of these is dealt with in a separate chapter. After the analysis of these substantial topics, certain conclusions are drawn, which attempt to define the nature of Chinese law and its developments in present-day China.

Chinese Law

Author : Chen
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004635440
Total Pages : 429 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis Chinese Law by : Chen

Download or read book Chinese Law written by Chen and published by Martinus Nijhoff Publishers. This book was released on 2023-09-25 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law, in particular its actual functioning in any given society, is above all a part of the culture of that society - a part of its historical, political, social and intellectual creation. If a `black-letter' approach towards law in the West is under increasing criticism, it is particularly unhelpful, if not misleading, in understanding Chinese law, its nature and developments. Rather, to understand Chinese law, its nature and developments, we need to examine the Chinese legal traditions, the prevailing political and economic situations, Party policies on economic reform and tolerance towards political liberalisation, and scholarly discussions and debate. This is the approach of this book. Its aim is to put Chinese law `in context', to outline the nature and present status of its development, and to analyse the meaning of the law within the Chinese context. However, this monograph does not ignore the practical needs for determining the precise contents of the `black- letter' law either. A study of this kind necessarily involves a process of topic selection. However, to avoid over-generalisation and over-simplification, it also demands a considerable degree of comprehensiveness in coverage. For this reason, the book covers what the Chinese scholars term `fundamental law' and `basic branches' of law, while other topics are covered because they are either crucial for the understanding of the law (such as legal traditions in China) or of practical importance (such as foreign investment and trade). Chapter One provides an historical background to traditional Chinese `legal culture' and modern law reforms. The historical background of specific topics is examined as the topics are analysed in the following chapters. Chapter Two deals with the changing fate of law under Communist rule. Its focus is on the underlying factors and justifications for such changes. Chapter Three introduces discussions on specific branches of law, from public law (constitutional law, law-making, administrative law, criminal law, criminal procedure law) to `private' law (civil law, family law, contracts, law on business entities, and law on foreign investment and trade). Each of these is dealt with in a separate chapter. After the analysis of these substantial topics, certain conclusions are drawn, which attempt to define the nature of Chinese law and its developments in present-day China.

A Study of Legal Tradition of China from a Culture Perspective

Author : Zhiping Liang
Publisher : Springer Nature
ISBN 13 : 9811945101
Total Pages : 347 pages
Book Rating : 4.8/5 (119 download)

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Book Synopsis A Study of Legal Tradition of China from a Culture Perspective by : Zhiping Liang

Download or read book A Study of Legal Tradition of China from a Culture Perspective written by Zhiping Liang and published by Springer Nature. This book was released on 2023-03-10 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Zhiping Liang offers a new understanding of Chinese legal tradition in this profoundly influential book. Unlike the available literature using the usual method of legal history research, this book attempts to illustrate ancient Chinese legal tradition through cultural interpretation. The author holds that both the concept and practice of law are meaningful cultural symbols. The law reveals not only the life pattern in a specific time and space but also the world of the mind of a specific group of people. Therefore, just as cultures have different types, laws embedded in different societies and cultures also have different characters and spirits. Believing that human experience is often condensed into concepts, categories, and classifications, the author begins his discussion with the analysis of relevant terms and then seeks to understand history by interpreting the interaction and interconnectedness of the words, ideas, and practices. Based on the same understanding, the author uses modern concepts reflectively and critically, consciously exploiting the differences between ancient and contemporary Chinese and Western concepts to achieve a more realistic understanding of history while avoiding the ethnocentrism and modern-centrism common in historical studies.

The History and Theory of Legal Practice in China

Author : Philip C.C. Huang
Publisher : BRILL
ISBN 13 : 9004276440
Total Pages : 456 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The History and Theory of Legal Practice in China by : Philip C.C. Huang

Download or read book The History and Theory of Legal Practice in China written by Philip C.C. Huang and published by BRILL. This book was released on 2014-09-03 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: The History and Theory of Legal Practice in China: Toward a Historical-Social Jurisprudence goes beyond the either/or dichotomy of Chinese vs. Western law, tradition vs. modernity, and the substantive-practical vs. the formal. It does so by proceeding not from abstract legal texts but from the realities of legal practice. Whatever the declared intent of a law, it must in actual application adapt to social realities. It is the two dimensions of representation and practice, and law and society, that together make up the entirety of a legal system. The assembled articles by the editors and a new generation of Chinese scholars illustrate a new “historical-social jurisprudence,” and explore the possible conceptual underpinnings of a modern Chinese legal system that would both accommodate and integrate the unavoidable paradoxes of contemporary China.

Outlines of Modern Chinese Law

Author : William Shih-hao Hung
Publisher :
ISBN 13 :
Total Pages : 317 pages
Book Rating : 4.:/5 (249 download)

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Book Synopsis Outlines of Modern Chinese Law by : William Shih-hao Hung

Download or read book Outlines of Modern Chinese Law written by William Shih-hao Hung and published by . This book was released on 1966* with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Road to the Rule of Law in Modern China

Author : Quanxi Gao
Publisher : Springer
ISBN 13 : 3662456370
Total Pages : 171 pages
Book Rating : 4.6/5 (624 download)

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Book Synopsis The Road to the Rule of Law in Modern China by : Quanxi Gao

Download or read book The Road to the Rule of Law in Modern China written by Quanxi Gao and published by Springer. This book was released on 2015-01-27 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a grand review of the centurial development of rule of law in China. It covers the most important issues in this area and presents “political constitution,” a new interpretative framework that allows the Chinese experience of rule of law to be more fully and correctly expressed. It is especially useful to scholars involved in the study of modern China. The main chapters of this book include: The Constituent Movement in the Late Qing Dynasty; The Xinhai (1911) Revolution; Constitution-making at the Beginning of the Republic of China; The Great Revolution in the 1920s; The Rise of the Party State and its Transition; The Founding of 1949 New China and its Early Constitutional Development; and The Dualist System of Rule of Law in the Reforming Times.

The Spirit of Traditional Chinese Law

Author : Geoffrey MacCormack
Publisher : University of Georgia Press
ISBN 13 : 9780820317229
Total Pages : 292 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis The Spirit of Traditional Chinese Law by : Geoffrey MacCormack

Download or read book The Spirit of Traditional Chinese Law written by Geoffrey MacCormack and published by University of Georgia Press. This book was released on 1996 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: By the end of the eighth century A.D., imperial China had established a system of administrative and penal law, the main institutions of which lasted until the collapse of the Ch'ing dynasty in 1911. The Spirit of Traditional Chinese Law studies the views held throughout the centuries by the educated elite on the role of law in government, the relationship between law and morality, and the purpose of punishment. Geoffrey MacCormack's introduction offers a brief history of legal development in China, describes the principal contributions to the law of the Confucian and Legalist schools, and identifies several other attributes that might be said to constitute the "spirit" of the law. Subsequent chapters consider these attributes, which include conservatism, symbolism, the value attached to human life, the technical construction of the codes, the rationality of the legal process, and the purposes of punishment. A study of the "spirit" of the law in imperial China is particularly appropriate, says MacCormack, for a number of laws in the penal codes on family relationships, property ownership, and commercial transactions were probably never meant to be enforced. Rather, such laws were more symbolic and expressed an ideal toward which people should strive. In many cases even the laws that were enforced, such as those directed at the suppression of theft or killing, were also regarded as an emphatic expression of the right way to behave. Throughout his study, MacCormack distinguishes between "official," or penal and administrative, law, which emanated from the emperor to his officials, and "unofficial," or customary, law, which developed in certain localities or among associations of merchants and traders. In addition, MacCormack pays particular attention to the law's emphasis on the hierarchical ordering of relationships between individuals such as ruler and minister, ruler and subject, parent and child, and husband and wife. He also seeks to explain why, over nearly thirteen centuries, there was little change in the main moral and legal prescriptions, despite enormous social and economic changes.

Chinese Law in Transition

Author : Joseph Kai Huan Cheng
Publisher :
ISBN 13 :
Total Pages : 686 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Chinese Law in Transition by : Joseph Kai Huan Cheng

Download or read book Chinese Law in Transition written by Joseph Kai Huan Cheng and published by . This book was released on 1976 with total page 686 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Law and Society in Traditional China

Author : Tongzu Qu
Publisher :
ISBN 13 : 9787100084864
Total Pages : 416 pages
Book Rating : 4.0/5 (848 download)

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Book Synopsis Law and Society in Traditional China by : Tongzu Qu

Download or read book Law and Society in Traditional China written by Tongzu Qu and published by . This book was released on 2011 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt:

China's Legal Soul

Author : John Warren Head
Publisher :
ISBN 13 :
Total Pages : 268 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis China's Legal Soul by : John Warren Head

Download or read book China's Legal Soul written by John Warren Head and published by . This book was released on 2009 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. "Readers will be impressed by the wide variety of sources cited in China's Legal Soul's footnotes and by the book's detailed tables. ...[I]t is appropriate for nonlawyers with an interest in legal philosophy or Chinese history and is recommended for university and law school libraries." -- Law Library Journal

Law and Politics in Modern China

Author : Sharron Gu
Publisher : Cambria Press
ISBN 13 : 1604976047
Total Pages : 430 pages
Book Rating : 4.6/5 (49 download)

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Book Synopsis Law and Politics in Modern China by : Sharron Gu

Download or read book Law and Politics in Modern China written by Sharron Gu and published by Cambria Press. This book was released on 2009 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an original interdisciplinary study of Chinese law, its language, and political institution. Evolving within a complex literary framework over thousands of years, Chinese language has lost its conceptual distinctiveness to its multilevel and overlapping meanings and connotations. Chinese law has become inflated with contrary rulings and exceptions. This mass of rules requires an extra-lingual (legal) authority to redefine boundaries and specify applications. This book follows and continues the author's, The Boundaries of Meaning and the Formation of Law (McGill University Press) by illustrating how language shapes the formation, application, and administration of law in various cultural environments. Law and Politics in Modern China is an important book for those interested in Chinese history, culture, law, and politics. It also provides refreshing insights about the way that law continues to function after its language matures and creates contradictions and loopholes within its system of rules--one of the most important issues facing Western legal administration in the immediate future.

Modern Chinese Legal Reform

Author : Xiaobing Li
Publisher : University Press of Kentucky
ISBN 13 : 0813141214
Total Pages : 316 pages
Book Rating : 4.8/5 (131 download)

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Book Synopsis Modern Chinese Legal Reform by : Xiaobing Li

Download or read book Modern Chinese Legal Reform written by Xiaobing Li and published by University Press of Kentucky. This book was released on 2013-02-15 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: China's rapid socioeconomic transformation of the past twenty years has led to dramatic changes in its judicial system and legal practices. As China becomes more powerful on the world stage, the global community has dedicated more resources and attention to understanding the country's evolving democratization, and policymakers have identified the development of civil liberties and long-term legal reforms as crucial for the nation's acceptance as a global partner. Modern Chinese Legal Reform is designed as a legal and political research tool to help English-speaking scholars interpret the many recent changes to China's legal system. Investigating subjects such as constitutional history, the intersection of politics and law, democratization, civil legal practices, and judicial mechanisms, the essays in this volume situate current constitutional debates in the context of both the country's ideology and traditions and the wider global community. Editors Xiaobing Li and Qiang Fang bring together scholars from multiple disciplines to provide a comprehensive and balanced look at a difficult subject. Featuring newly available official sources and interviews with Chinese administrators, judges, law-enforcement officers, and legal experts, this essential resource enables readers to view key events through the eyes of individuals who are intimately acquainted with the challenges and successes of the past twenty years.