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| Author | : Zhaoyang Zhang |
| Publisher | : BRILL |
| Total Pages | : 303 |
| Release | : 2022-07-11 |
| Genre | : Law |
| ISBN | : 9004513906 |
Through the careful examination of cases, statutes and terminology preserved in both excavated and transmitted materials, this book argues that a civil law with distinctive Chinese characteristics emerged during the Qin and Han dynasties (221 B.C.-A.D. 220).
| Author | : Jinfan Zhang |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 719 |
| Release | : 2014-02-20 |
| Genre | : Law |
| ISBN | : 3642232663 |
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.
| Author | : Yuanshi Bu |
| Publisher | : |
| Total Pages | : |
| Release | : 2021 |
| Genre | : |
| ISBN | : 9783406779299 |
In modern times, the codification of the entire civil law has become a rare phenomenon. Nevertheless, the Chinese law-maker has decided to create the first Civil Code in the history of PRC and set out an ambitious timeline to achieve this goal. In the process of construction, the future Chinese Civil Code will principally follow the Pandectist System and, in particular, contain a General Part. On 15th March 2017, the General Part was enacted, as scheduled, in the form of a single statute for the time being. By 2020, the other books covering the law of personality, obligations, property law, family and estate law, should be codified as well. These books, together with the General Part, will form the future Civil Code. The purpose of this book is to provide a concise and in-depth practical guide to this new statute, namely the General Rules of Civil Law (GRCL). To this end, it seeks to deliver a general picture of the GRCL and to explore the important provisions in more detail. In addition, it strives to provide answers to the question of which laws apply in the case of conflict between the GRCL and other statutes. What is also equally important is to provide the readers with information about the origin of legal concepts in the GRCL and the process in which Chinese lawmakers decided to adopt or reject certain foreign legal concepts
| Author | : Yongping Liu |
| Publisher | : |
| Total Pages | : 384 |
| Release | : 1998 |
| Genre | : Law |
| ISBN | : |
"Origins of Chinese Law develops and supports an original, yet controversial, picture of early Chinese law. Casting doubt on the accepted premise that there was a unified system of law and punishment throughout the ancient Chinese empire based on the wuxing, or five punishments, the author suggests a more complicated and diverse picture: that from their earliest origins the Chinese people were subject to different laws and punishments based on their clan or social status." "Using a wealth of literary evidence from the Confucian classics and historical writings, and making use of recent archaeological excavations of oracle bones, bronze inscriptions, and bamboo strips, the author elucidates the central concepts that formed the basis of early Chinese law such as Li, covenant, punishment, and the theories and practice of law of the Qin and Han dynasties."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
| Author | : Li Chen |
| Publisher | : BRILL |
| Total Pages | : 410 |
| Release | : 2015-01-27 |
| Genre | : History |
| ISBN | : 900428849X |
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.
| Author | : Xiang Li |
| Publisher | : Springer |
| Total Pages | : 322 |
| Release | : 2014-07-08 |
| Genre | : Law |
| ISBN | : 3642410243 |
The explosive economic development in China over the last three decades has created social challenges unprecedented in the country's history. In response, China has overhauled its existing tort laws and even created new tort laws. By exploring its principles, theories and history, this book provides international readers a fresh outlook on China's tort law system. Granted that some concepts or theories in China's modern tort laws were "borrowed" from the west, the principles behind them can nevertheless often find their roots in ancient Chinese philosophies, concepts or even laws. This book also uses real cases to explain the courts' application of China's tort laws and the meaning of the corresponding statutes.
| Author | : Larry A. DiMatteo |
| Publisher | : Cambridge University Press |
| Total Pages | : 545 |
| Release | : 2017-10-26 |
| Genre | : Law |
| ISBN | : 1107176328 |
A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
| Author | : Caroline Humfress |
| Publisher | : Cambridge University Press |
| Total Pages | : 884 |
| Release | : 2024-05-30 |
| Genre | : History |
| ISBN | : 1009566148 |
The Cambridge Comparative History of Ancient Law is the first of its kind in the field of comparative ancient legal history. Written collaboratively by a dedicated team of international experts, each chapter offers a new framing and understanding of key legal concepts, practices and historical contexts across five major legal traditions of the ancient world. Stretching chronologically across more than three and a half millennia, from the earliest, very fragmentary, proto-cuneiform tablets (3200–3000 BCE) to the Tang Code of 652 CE, the volume challenges earlier comparative histories of ancient law / societies, at the same time as opening up new areas for future scholarship across a wealth of surviving ancient Near Eastern, Indian, Chinese, Greek and Roman primary source evidence. Topics covered include 'law as text', legal science, inter-polity relations, law and the state, law and religion, legal procedure, personal status and the family, crime, property and contract.
| Author | : Philip C. C. Huang |
| Publisher | : Brill Academic Publishers |
| Total Pages | : 440 |
| Release | : 2014 |
| Genre | : History |
| ISBN | : 9789004276437 |
This volume 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.
