Administrative Law Procedures and Remedies in China

Administrative Law Procedures and Remedies in China
Author: Feng Lin
Publisher:
Total Pages: 414
Release: 1996
Genre: Law
ISBN:

This is the first book written in English to outline the procedural remedies available to an individual, legal persons and institutions against the State. It deals with both the judicial control of administrative law and the forms of redress available through administrative reconsideration. Addresses the key issue of the Chinese state's regulation under the law. Deals with the practical steps which must be taken when seeking redress. Includes coverage of state, administrative and criminal compensation.

Chinese Law: Context and Transformation

Chinese Law: Context and Transformation
Author: Jianfu Chen
Publisher: Martinus Nijhoff Publishers
Total Pages: 792
Release: 2015-12-22
Genre: Law
ISBN: 9047423437

Eight years of changes in China have passed since the publication of the previous highly successful edition of this book. These changes have not just been about economic development. Among the many transformations there has been another quiet, peaceful, and largely successful (but far from perfect) ‘revolution’ in the area of law, whose deficiencies have been more often mercilessly examined and documented than have its historical achievements and significance. This legal ‘revolution’ is the subject matter of the present book. Like the previous edition, it 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, offering an outline of the main features of contemporary Chinese law and a clearer understanding of its nature from a developmental perspective. It offers comprehensive coverage of topics such as: ‘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, law on business entities, securities, bankruptcy, intellectual property, law on foreign investment and trade, and implementation of law. Fully revised, updated and considerably expanded, this editon of Chinese Law: Context and Transformation is a valuable and important resource for reasearchers, policy-makers and teachers alike.

Constitutional Courts in Asia

Constitutional Courts in Asia
Author: Hongyi Chen
Publisher: Cambridge University Press
Total Pages: 407
Release: 2018-09-20
Genre: Law
ISBN: 110719508X

A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.

Legal Reform and Administrative Detention Powers in China

Legal Reform and Administrative Detention Powers in China
Author: Sarah Biddulph
Publisher: Cambridge University Press
Total Pages: 51
Release: 2007-12-20
Genre: Law
ISBN: 113946809X

Using a conceptual framework, this 2007 book examines the processes of legal reform in post-socialist countries such as China. Drawing on Bourdieu's concept of the 'field', the increasingly complex and contested processes of legal reform are analysed in relation to police powers. The impact of China's post-1978 legal reforms on police powers is examined through a detailed analysis of three administrative detention powers: detention for education of prostitutes; coercive drug rehabilitation; and re-education through labour. The debate surrounding the abolition in 1996 of detention for investigation (also known as shelter and investigation) is also considered. Despite over 20 years of legal reform, police powers remain poorly defined by law and subject to minimal legal constraint. They continue to be seriously and systematically abused. However, there has been both systematic and occasionally dramatic reform of these powers. This book considers the processes which have made these legal changes possible.

The Citizen and the Chinese State

The Citizen and the Chinese State
Author: Perry Keller
Publisher: Routledge
Total Pages: 375
Release: 2017-03-02
Genre: Law
ISBN: 135189272X

This volume addresses several core questions regarding the nature of law in China and its future development. In particular, these articles shed light on whether the rule of law ideal is commensurable with government based on the Chinese Communist Party. Beginning virtually from scratch, China has established a comprehensive legal system that boasts a constitution, primary and secondary legislation and plentiful regulations covering most areas of public and private life. Yet, as these articles discuss, its courts are enmeshed in Party and state hierarchies and are not empowered to directly apply constitutional principles or rights, ensuring that the law is subordinate to national public policy goals. Legal and extra-legal methods for punishing wrongdoing and resolving disputes also raise questions of due process of law. Ultimately, the question is therefore whether China's legal system, if eschewing formalised human rights, is developing a capacity to protect fundamental human dignity.

The Judicial System and Reform in Post-Mao China

The Judicial System and Reform in Post-Mao China
Author: Yuwen Li
Publisher: Routledge
Total Pages: 298
Release: 2016-03-03
Genre: Law
ISBN: 131702656X

This comprehensive study examines the development and changing characteristics of the judicial system and reform process over the past three decades in China. As the role of courts in society has increased so too has the amount of public complaints about the judiciary. At the same time, political control over the judiciary has retained its tight-grip. The shortcomings of the contemporary system, such as institutional deficiencies, shocking cases of injustice and cases of serious judicial corruption, are deemed quite appalling by an international audience. Using a combination of traditional modes of legal analysis, case studies, and empirical research, this study reflects upon the complex progress that China has made, and continues to make, towards the modernisation of its judicial system. Li offers a better understanding on how the judicial system has transformed and what challenges lay ahead for further enhancement. This book is unique in providing both the breadth of coverage and yet the substantive details of the most fundamental as well as controversial subjects concerning the operation of the courts in China.

China's Supreme Court

China's Supreme Court
Author: Ronald C. Keith
Publisher: Routledge
Total Pages: 248
Release: 2013-10-23
Genre: Social Science
ISBN: 1134666004

This book examines the learning curve of the People's Supreme Court of China as an expanding Chinese national institution that has played a key role in the struggle for the rule of law in China. Within the unity of state administration and the requirements of the constitution, the court has negotiated the changing tension between politics and law through improvising new formats of interpretation and supervision in response to the changing priorities of revolution and market reform.