Court Delay and Law Enforcement in China PDF Download

Author: Qing-Yun Jiang
Publisher: Springer Science & Business Media
ISBN: 3835090127
Category : Business & Economics
Languages : en
Pages : 281

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Book Description
Qing-Yun Jiang shows that court delay is not a serious problem in the lower courts in respect to trial cases, but mainly in appeal cases and retrial cases, which require more time. The author confirms that law enforcement has been an obstacle for the development of market economy and a bottleneck of the judiciary and he concludes that judicial reform should not only deal with symptoms, but with the roots of the political and economic structure.

Author: Sabine Gless
Publisher: Springer
ISBN: 3030125203
Category : Law
Languages : en
Pages : 387

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Book Description
This open access publication discusses exclusionary rules in different criminal justice systems. It is based on the findings of a research project in comparative law with a focus on the question of whether or not a fair trial can be secured through evidence exclusion. Part I explains the legal framework in which exclusionary rules function in six legal systems: Germany, Switzerland, People’s Republic of China, Taiwan, Singapore, and the United States. Part II is dedicated to selected issues identified as crucial for the assessment of exclusionary rules. These chapters highlight the delicate balance of interests required in the exclusion of potentially relevant information from a criminal trial and discusses possible approaches to alleviate the legal hurdles involved.

Author: Czeslaw Tubilewicz
Publisher: Taylor & Francis
ISBN: 1317422996
Category : Social Science
Languages : en
Pages : 311

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Book Description
Critical Issues in Contemporary China: Unity, Stability and Development comprehensively examines key problems crucial to understanding modern-day China. Organized around three interrelated themes of unity, stability and development, each chapter explores distinct issues and debate their significance for China domestically and for Beijing’s engagement with the wider world. While presenting contending explanatory approaches, contributors advance arguments to further critical discussion on selected topics. Main issues analysed include: political change military transformation legal reforms economic development energy security environmental degradation food security and safety demographic trends migration and urbanization labour unrest health and education social inequalities ethnic conflicts Hong Kong’s integration cross-Strait relations. Given its thorough and up-to-date assessment of major political, social and economic challenges facing China, this fully revised and substantially expanded new edition is an essential read for any student of Chinese Studies.

Author: Andre Laliberte
Publisher: Routledge
ISBN: 1134058284
Category : Business & Economics
Languages : en
Pages : 204

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Book Description
As the CCP moves away from traditional Maoism it seeks to maintain its commanding role in political life despite a growing number of challenges to its claims of legitimacy. This book describes these challenges and explains how the CCP adapts to maintain its authority.

Author: Thomas Eger
Publisher: Edward Elgar Publishing
ISBN: 1847206972
Category : Law
Languages : en
Pages : 345

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Book Description
This book is an exemplary multi-disciplinary and multi-institutional study of contemporary Chinese law. A collective effort by a group of European and Chinese scholars, it skillfully tests the relationships between law and economics in the Chinese context. The China Journal This is an extremely valuable collection of essays on modern Chinese law viewed through the lens of the law and economics movement. China is developing very rapidly and law is now understood to provide the essential framework for economic development provided the law itself is economically rational. The essays in this volume are excellent examples of how economics can be used to clarify and guide the law applicable to the essential dimensions of the economy. I recommend it wholeheartedly and without reservations. Richard A. Posner, United States Court of Appeals for the Seventh Circuit and University of Chicago Law School, US This book brings together important applications of law and economics to China and covers a wide range of issues, including such basic concerns as property rights, intellectual property, and taxation, as well as competition law and corporate and securities law. Because of its breadth of coverage, its focus on the particulars of Chinese law, and the expertise of its scholars both Western and Chinese it should serve as a valuable reference work for years to come. Steven Shavell, Harvard Law School, US This book is an important step toward a Chinese scholarship in law and economics, written by leading law and economics researchers from China and Europe. Hans-Bernd Schaefer, Universität Hamburg, Germany In China everything is different, you cannot apply ordinary economics and the legal framework is idiosyncratic. In the course of time, such statements turned out to be prejudices, and the Eger/ Faure/ Zhang volume makes perfectly clear that, for instance, a law and economics approach can shed new light into the intricacies and complexities of Chinese institutional arrangements. Indeed, China creates new puzzles for economic and legal analysis. On the other hand, however, the Chinese need not invent the wheel anew and they do not try it. The book shows instances where a sophisticated law and economics approach can help to develop the legal framework which is appropriate for the transition from a planned into a market economy. The Chinese economic system is not (yet) a normal capitalist market economy, neither is the legal system adapted to a normal private property economy. Nevertheless the chapters of the book apply fruitfully law and economics theories and thus prove their general applicability. One of the outstanding achievements of the volume can be seen in the fact that it recruited more than half of its contributors with a Chinese background. They learn eagerly western approaches and they learn fast. And, of course, they have no problems with understanding Chinese culture and society. So the book combines most profitably the look from the outside and the look from within with a common theoretical framework. Hans-Jürgen Wagener, Europa Universität Viadrina, Germany This book comprises contributions on recent developments in China from a law and economics perspective. For the first time Chinese and European scholars jointly discuss some important attributes of China s legal and economic system, and some recent problems, from this particular viewpoint. The authors apply an economic analysis of law not only to general characteristics of China s social order, such as the specific type of federal competition, the efficiency of taxation and regulation, and the importance of informal institutions (Guanxi), but also to distinct areas of Chinese law such as competition policy, professional regulation, corporate governance and capital markets, oil pollution, intellectual property rights and internet games. The contributors discuss to what extent the law and economic models that have so far been employed within the context of deve

Author: Federico Varese
Publisher: Princeton University Press
ISBN: 0691158010
Category : Social Science
Languages : en
Pages : 290

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Book Description
Organized crime is spreading like a global virus as mobs take advantage of open borders to establish local franchises at will. This book argues that mafiosi often find themselves abroad against their will, rather than through a strategic plan to colonizethe territories.

Author: Yan Wang
Publisher: Routledge
ISBN: 1134533640
Category : Political Science
Languages : en
Pages : 307

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Book Description
This collection assesses the legal developments which have taken place since the 1980s in China. It discusses China's achievements in building a new legal system and identifies the theoretical and institutional limitations of China's legal reform. Featuring an extensive case-study of foreign investment law, this book considers a wide-ranging set of interconnecting variables in China's changing social context, in order to examine and illustrate the gap between the text and actual practice of the law, especially as it relates to foreign direct investment. It will be of great interest to students and scholars of Chinese Law, Business and Economics, as well as to business investors in China.

Author: Richard Susskind
Publisher: Oxford University Press, USA
ISBN: 9780192849304
Category :
Languages : en
Pages : 400

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Book Description
In this book Richard Susskind, a pioneer of rethinking law for the digital age confronts the challenges facing our legal system and the potential for technology to bring much needed change. Drawing on years of experience leading the discussion on conceiving and delivering online justice, Susskind here charts and develops the public debate.

Author: Perry Keller
Publisher: Routledge
ISBN: 135189272X
Category : Law
Languages : en
Pages : 375

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Book Description
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.

Author: Lutz-Christian wolff
Publisher: Kluwer Law International B.V.
ISBN: 9041186832
Category : Law
Languages : en
Pages : 474

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Book Description
Law of Cross-Border Business Transactions aims at giving a structured introduction to the law and practice of investment deals (e.g., greenfield projects, M&As and hybrid forms) and of non-investment transactions (e.g., trade, technology transfer and services). Cross-border business deals are nowadays routine matters for business entities all over the world and the related legal aspects are becoming more and more complex. This book provides extensive general background information. It also covers numerous specific issues of relevance in the context of cross-border projects. Substantive law issues, procedural aspects and skills-related considerations such as contract drafting, structuring options and cross-cultural lawyering techniques are included, adding up to an unusually comprehensive and useful guide in the field. What’s in this book: The author describes a wide spectrum of transaction types. He explains underlying principles from a conceptual and a comparative point of view with a focus on transactional issues, using case studies from a variety of jurisdictions to demonstrate the significance of particular aspects in the context of multi-jurisdictional legal practice. Among much else, topics include the following: international lawyering and cultural diversity; lex mercatoria; conflict of laws; letters of intent, position papers, heads of agreement, confidentiality and exclusivity agreements; structure and contents of international contracts; e-contracts and smart contracts; protection of intellectual property rights and technology transfer; trade, countertrade and trade financing; insurance; agency and distributorship; greenfield investments and M&As; competition law and merger control; employment law; corporate governance and corporate social responsibility; international taxation; and dispute settlement and cross-border enforcement of awards. This second edition updates the discussion of the different topics comprehensively. It also expands many parts and adds sections in relation to new themes that have gained importance since the publication of the first edition. In particular, it addresses legal issues arising out of the digitalization of the global economy with a special focus on choice-of-law questions, smart contracts, e-bills of lading and online dispute settlement. It also draws attention to the impact of China’s Belt and Road initiative, Brexit and the ‘America First’ foreign policy. How this will help you: Of special value is the author’s precise guidance on drafting techniques and contract practice. The clarity of the presentation, the uncompromising consistency in terms of structure and a large body of references to primary and secondary sources presented in this edition ensure that legal professionals, business managers and academics as well as other interested parties can gain easy access to comprehensive and detailed information across jurisdictions.