The Civil Code of the People’s Republic of China

The Civil Code of the People’s Republic of China
Author: Durham Law School
Publisher: BRILL
Total Pages: 477
Release: 2021-10-18
Genre: Business & Economics
ISBN: 9004468285

This contribution provides the important and timely bilingual version of the Chinese Civil Code and the Supreme People’s Court’s Judicial Interpretation of the Temporal Effect of the Civil Code. Providing translations by a diverse group of esteemed legal scholars, on Contract Law, Tort Law, Marriage, Family and Succession Law, General and Personality Provisions and Property Law, this unique resource will be important for all those with an interest in Chinese Law.

Civil Law in Qing and Republican China

Civil Law in Qing and Republican China
Author:
Publisher: Stanford University Press
Total Pages: 358
Release: 1994-08
Genre: Law
ISBN: 0804779279

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.

Towards a Chinese Civil Code

Towards a Chinese Civil Code
Author: Lei Chen
Publisher: Martinus Nijhoff Publishers
Total Pages: 577
Release: 2012-11-13
Genre: Law
ISBN: 9004204873

Currently, China is drafting its new Civil Code. Against this background, the Chinese legal community has shown a growing interest in various legal and legislative ideas from around the world. "Towards a Chinese Civil Code" aims at providing the necessary historical and comparative legal perspectives. The book addresses the following topics: property law, contract law, tort law and civil procedure.

A History of Civil Law in Early China: Cases, Statutes, Concepts and Beyond

A History of Civil Law in Early China: Cases, Statutes, Concepts and Beyond
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).

Chinese Contract Law

Chinese Contract Law
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.

Code, Custom, and Legal Practice in China

Code, Custom, and Legal Practice in China
Author: Philip C. Huang
Publisher: Stanford University Press
Total Pages: 261
Release: 2001
Genre: Law
ISBN: 0804741115

What changes occurred and what remained the same in Chinese civil justice from the Qing to the Republic? Drawing on archival records of actual cases, this study provides a new understanding of late imperial and Republican Chinese law. It also casts a new light on Chinese law by emphasizing rural areas and by comparing the old and the new.

Chinese Law

Chinese Law
Author: Guiguo Wang
Publisher: Springer
Total Pages: 882
Release: 1999-06-29
Genre: Law
ISBN:

A comprehensive and concise study of contemporary Chinese law. Contents: The legal System of China, Constitutional Law and State Structure - China, Judicial Review in China, The General Priciples of Civil Law - China, CivilProcedure Law - China, Law of Contract - China, Law and Taxation - China, Banking Law - China, Company Law - China, Law of Family, Marriage and Succession - China, Employment Law - China, The Essential of Land Law in China, Lawof Intellectual Property - China, Law of Environmental Protection - China, Criminal Law - China, Criminal Procedure Law - China, Maritime Law - China, Conflicts of Law - China, Non-judicial Means of Dispuite Settlement - China

Great Legal Traditions

Great Legal Traditions
Author: John Warren Head
Publisher:
Total Pages: 676
Release: 2011
Genre: Law
ISBN: 9781594609572

Great Legal Traditions: Civil Law, Common Law, and Chinese Law in Historical and Operational Perspective draws on the nearly thirty years of experience that the author has accumulated from working in and writing about a variety of legal systems around the world. After an introduction to the underlying concepts and values of comparative legal studies, Head embarks on a brisk six-chapter survey of European civil law, English and American common law, and Chinese law (both dynastic and contemporary). Each legal tradition is divided into two perspectives — first historical and then operational. Numerous illustrations and biographical sketches bring the historical surveys to life, thereby setting the stage for a close examination of several key attributes of representative legal systems in each of the three traditions. Head's "operational" topics include sources of law, the role and training of lawyers, the division of court jurisdiction, constitutional review, the role of codification, and more — and he gives special attention to comparative criminal procedure. Great Legal Traditions is designed primarily for use in law schools and other graduate programs in comparative history, international relations, and both European and Chinese area studies, but the book is also written to be accessible to a more general readership. The main text is supplemented with numerous appendices that serve in place of a documents supplement. A teacher's manual is also available with guidance on each of the study questions that Head places at the beginning of each chapter (roughly 200 study questions in all). The teacher's manual also provides guidance (and confidence) to instructors not already familiar with Chinese law and history.

Civil Justice in China

Civil Justice in China
Author: Philip C. C. Huang
Publisher: Stanford University Press
Total Pages: 290
Release: 1996
Genre: History
ISBN: 9780804734691

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.