Inside Chinas Legal System
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Author | : Chang Wang |
Publisher | : Chandos Publishing |
Total Pages | : 391 |
Release | : 2013-10-31 |
Genre | : Law |
ISBN | : 0857094610 |
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 - Uses extensive legal materials and historical documents generally unavailable to Western based academics - Gives insider knowledge, including first-hand experience teaching law, and close involvement with judges, attorneys, and law professors in China - Analyses legal issues from historical and cultural perspectives holistically
Author | : C. Stephen Hsu |
Publisher | : NYU Press |
Total Pages | : 436 |
Release | : 2003-03 |
Genre | : Law |
ISBN | : 9780814736531 |
Annotation View the Table of Contents .nbsp;nbsp;nbsp;Read the Introduction .>
Author | : Stanley B. Lubman |
Publisher | : Stanford University Press |
Total Pages | : 464 |
Release | : 1999 |
Genre | : Law |
ISBN | : 9780804743785 |
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.
Author | : 陈弘毅 |
Publisher | : |
Total Pages | : 0 |
Release | : 2011 |
Genre | : Justice, Administration of |
ISBN | : 9789888111374 |
Le site d'éditeur LexisNexis indique : "The first edition of this book, which appeared in 1992, was one of the first books in the English language on the Chinese legal system written from a comparative jurisprudential perspective. This fourth edition now provides an up-to-date account of this system's history, constitutional structure, sources of law, major legal institutions (such as the courts, the procuratorates, the legal profession and the Ministry of Justice), as well as the basic concepts and principles of procedural and substantive law. "
Author | : Neil Jeffrey Diamant |
Publisher | : Stanford University Press |
Total Pages | : 270 |
Release | : 2005 |
Genre | : Social Science |
ISBN | : 9780804750486 |
This book explores legal mobilization, culture, and institutions in contemporary China from a perspective informed by 'law and society' scholarship.
Author | : Randall Peerenboom |
Publisher | : Cambridge University Press |
Total Pages | : 440 |
Release | : 2009-11-23 |
Genre | : Law |
ISBN | : 1107375584 |
This volume challenges the conventional wisdom about judicial independence in China and its relationship to economic growth, rule of law, human rights protection, and democracy. The volume adopts an interdisciplinary approach that places China's judicial reforms and the struggle to enhance the professionalism, authority, and independence of the judiciary within a broader comparative and developmental framework. Contributors debate the merits of international best practices and their applicability to China; provide new theoretical perspectives and empirical studies; and discuss civil, criminal, and administrative cases in urban and rural courts. This volume contributes to several fields, including law and development and the promotion of rule of law and good governance, globalization studies, neo-institutionalism and studies of the judiciary, the emerging literature on judicial reforms in authoritarian regimes, Asian legal studies, and comparative law more generally.
Author | : Pitman Potter |
Publisher | : Polity |
Total Pages | : 285 |
Release | : 2013-10-14 |
Genre | : Law |
ISBN | : 0745662684 |
In this compelling analysis, noted legal scholar Pitman Potter examines the ideals and practices of Chinas legal regime, in light of international standards and local conditions.
Author | : Ting Zhang |
Publisher | : University of Washington Press |
Total Pages | : 265 |
Release | : 2020-04-15 |
Genre | : History |
ISBN | : 029574717X |
Contrary to longtime assumptions about the insular nature of imperial China’s legal system, Circulating the Code demonstrates that in the Qing dynasty (1644–1911) most legal books were commercially published and available to anyone who could afford to buy them. Publishers not only extended circulation of the dynastic code and other legal texts but also enhanced the judicial authority of case precedents and unofficial legal commentaries by making them more broadly available in convenient formats. As a result, the laws no longer represented privileged knowledge monopolized by the imperial state and elites. Trade in commercial legal imprints contributed to the formation of a new legal culture that included the free flow of accurate information, the rise of nonofficial legal experts, a large law-savvy population, and a high litigation rate. Comparing different official and commercial editions of the Qing Code, popular handbooks for amateur legal practitioners, and manuals for community legal lectures, Ting Zhang demonstrates how the dissemination of legal information transformed Chinese law, judicial authority, and popular legal consciousness.
Author | : Lin Li |
Publisher | : |
Total Pages | : 0 |
Release | : 2018 |
Genre | : Electronic books |
ISBN | : 9789813231313 |
Introduction to China's legal system -- China's legislative system -- Law system with Chinese characteristics -- China's constitutional law system -- China's administrative legal system -- China's civil and commercial legal system -- China's economic legal system -- China's social legal system -- China's criminal legal system -- Chinese legal system in litigation and non-litigation procedure -- "One country, two systems" and legal system in the special administrative region -- International law and China's law system
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.