Implementation of Law in the People's Republic of China PDF Download

Author: Jianfu Chen
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041118349
Category : Law
Languages : en
Pages : 390

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Book Description
Factors: Jan Michiel Otto.

Author: Xu Chongde
Publisher: Kluwer Law International B.V.
ISBN: 9403507322
Category : Law
Languages : en
Pages : 206

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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in China provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in China will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.

Author: Zhiqiong June Wang
Publisher: BRILL
ISBN: 900433128X
Category : Law
Languages : en
Pages : 339

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Book Description
Dispute resolution reforms in China in the last decade or so have all centred around the strategy of establishing an integrated dispute resolution system as part of China’s modern governance system. This new integrated system, referred to as the ‘Mechanism for Pluralist Dispute Resolution (PDR)’ in China, serves as a dispute resolution system as well as a comprehensive social control mechanism. This book is the first academic attempt to explain the methods of civil and commercial dispute resolution in China from the perspective of PDR. It systematically and critically examines the development of China’s dispute resolution system, with each chapter analysing in detail the development and transformation of the different institutions, mechanisms and processes in their historical, politico-economic and comparative context.

Author: Durham Law School
Publisher: BRILL
ISBN: 9004468285
Category : Business & Economics
Languages : en
Pages : 477

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Book Description
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.

Author: Jianfu Chen
Publisher: BRILL
ISBN: 9004481184
Category : Law
Languages : en
Pages : 386

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Book Description
China, after some twenty years of reform, is no longer a country without law. Indeed, one may legitimately complain that there are too many laws that are changing too rapidly. However, law acquires no life nor performs its intended social functions without proper implementation and enforcement. Here, few people, Chinese or foreign, are content with the general situation of implementation of law in China. The problems and difficulties in implementing and enforcing laws and regulations are reported and discussed in the various forums of the Chinese media almost on a daily basis, and often reported in Western media also. Academics in China are filling the pages of various legal journals with their diagnoses and analyses of the causes of, and solutions to, the lack of proper implementation of law, and legal regulations and policy measures are being issued to deal with these problems and to overcome the difficulties. The future of the rule of law in China, as we are so often reminded by scholars of Chinese politics and law, largely depends on the proper implementation and enforcement of law. This is a book about `law-in-action' in China, that is, it focuses on the administration of the law as a process through which `law-in-the-books' is put into action and, hence, is made to perform its intended social functions. It deals with the process, the institutional settings (the players), and the political, economic, social, and cultural settings (the factors) involved in the administration of law in China. Throughout the book, we will see a variety of problems and difficulties involved in implementing and enforcing laws and regulations that are identified and analyzed by the contributors. We will also see analyses on legal regulations and policy measures that have been issued to rectify the many identified problems, to raise the standard of actual implementation of law, and to improve the functioning of the various law-implementing/enforcing authorities. Additionally, the book provides various case studies on implementation of law in China. The present book, we believe, is among the first collective efforts at a systematic and comprehensive study of the implementation of law in China, and we hope that it will stimulate many more such studies - studies on the actual operation and impact of law on society and on individuals.

Author: Yuan-li Wu
Publisher: Routledge
ISBN: 0429721978
Category : Political Science
Languages : en
Pages : 307

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Book Description
This book examines the effects that political institutions, the legal system, and economic policies have had on the human rights record in the PRC since 1949. The authors first address the problems of assessing political liberties in a nation that emphasizes economic over civil rights and that has traditionally valued collective rights over individ

Author: Karen G. Turner
Publisher: University of Washington Press
ISBN: 0295803894
Category : History
Languages : en
Pages : 384

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Book Description
In The Limits of the Rule of Law in China, fourteen authors from different academic disciplines reflect on questions that have troubled Chinese and Western scholars of jurisprudence since classical times. Using data from the early 19th century through the contemporary period, they analyze how tension between formal laws and discretionary judgment is discussed and manifested in the Chinese context. The contributions cover a wide range of topics, from interpreting the rationale for and legacy of Qing practices of collective punishment, confession at trial, and bureaucratic supervision to assessing the political and cultural forces that continue to limit the authority of formal legal institutions in the People’s Republic of China.

Author: Hongyi Chen
Publisher: Cambridge University Press
ISBN: 110719508X
Category : Law
Languages : en
Pages : 407

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

Author: Larry A. DiMatteo
Publisher: Cambridge University Press
ISBN: 1107176328
Category : Law
Languages : en
Pages : 545

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Book Description
A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.

Author: Jiang Yu Wang
Publisher: Edward Elgar Publishing
ISBN: 1849805733
Category : Law
Languages : en
Pages : 407

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Book Description
This accessible book offer a comprehensive and critical introduction to the law on business organizations in the People�s Republic of China. The coverage focuses on the 2005-adopted PRC Company Law and the most recent legislative and regulatory develop