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Author: Dr Vivek Jain Publisher: Notion Press ISBN: 9781645877431 Category : Law Languages : en Pages : 334
Book Description
In times of global uncertainty and trade war, this book can fulfill the gap in existing knowledge about China... China, the economic powerhouse, is on the mind of many in the 21st century due to projects such as Belt & Road Initiative (BRI) and probably the dispute resolution system for projects under BRI. This is probably the first book in the world that has analysed the law in action in the Chinese courts with civil justice process in the background. In any jurisdiction, the civil justice system is run by judges, and therefore, the understanding of the thought process of Chinese judges become very important. The thought process of Chinese judges is dependent on the legal history, current political philosophy, evolution of legal jurisprudence, evolution of law and various norms and customs, evolution of the concept of justice and procedural fairness, a concept of discretionary power of the judges and even their willingness to exercise those powers, civil procedure law and its practice and so forth. The above factors are the invisible factors and contexts that are compared with similar invisible factors and contexts from a more widespread Common Law via Comparative Law Methodology. The concepts from civil law jurisdictions are also brought in the analysis at times to get a clear essence. Many stakeholders focus on the hardware of the legal system, but it's the software of the legal system that makes all the difference for substantive and procedural justice. In any jurisdiction, a civil justice system is a mirror image of any society. This book can even shed light on the Chinese society, its legal system, legal history, culture and philosophy and how it compares with the contemporaneous societies within the other common law jurisdictions.
Author: Dr Vivek Jain Publisher: Notion Press ISBN: 9781645877431 Category : Law Languages : en Pages : 334
Book Description
In times of global uncertainty and trade war, this book can fulfill the gap in existing knowledge about China... China, the economic powerhouse, is on the mind of many in the 21st century due to projects such as Belt & Road Initiative (BRI) and probably the dispute resolution system for projects under BRI. This is probably the first book in the world that has analysed the law in action in the Chinese courts with civil justice process in the background. In any jurisdiction, the civil justice system is run by judges, and therefore, the understanding of the thought process of Chinese judges become very important. The thought process of Chinese judges is dependent on the legal history, current political philosophy, evolution of legal jurisprudence, evolution of law and various norms and customs, evolution of the concept of justice and procedural fairness, a concept of discretionary power of the judges and even their willingness to exercise those powers, civil procedure law and its practice and so forth. The above factors are the invisible factors and contexts that are compared with similar invisible factors and contexts from a more widespread Common Law via Comparative Law Methodology. The concepts from civil law jurisdictions are also brought in the analysis at times to get a clear essence. Many stakeholders focus on the hardware of the legal system, but it's the software of the legal system that makes all the difference for substantive and procedural justice. In any jurisdiction, a civil justice system is a mirror image of any society. This book can even shed light on the Chinese society, its legal system, legal history, culture and philosophy and how it compares with the contemporaneous societies within the other common law jurisdictions.
Author: Meiling Huang Publisher: Taylor & Francis ISBN: 1003859305 Category : Law Languages : en Pages : 176
Book Description
This book provides a comparative analysis of Chinese property law as depicted in the newly enacted Chinese Civil Code. The Chinese Civil Code, the first civil code in the history of the People’s Republic of China, was enacted as law in May 2020. Reflecting the growing interest in this code and its provisions to scholars of codification and of comparative private law, it has already been translated into English, German, and Italian. Chinese property law has both local and global features, and this comparative study offers a channel through which to understand Chinese property law, by highlighting both its similarities and differences from other property systems. Broadly speaking, the book brings together two approaches. The first comprises a comprehensive discussion of aspects of Chinese property law, such as ownership, property rights, and secured transactions. The second consists of perspectives from other jurisdictions and provides an assessment of Chinese property law based on other property systems. Containing contributions by both distinguished and young scholars, who are experienced in comparative property law research, the book offers a unique insight into the Chinese Civil Code and, through it, how extra-civilian elements are embodied in a fundamentally civilian legal system. This book will appeal to scholars and students of property law, comparative law, and others with specific interests in law and politics in China.
Author: Jianfu Chen Publisher: Martinus Nijhoff Publishers ISBN: 9047423437 Category : Law Languages : en Pages : 792
Book Description
This book 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.
Author: Vivek Jain Publisher: Taylor & Francis ISBN: 1000579719 Category : Law Languages : en Pages : 486
Book Description
Interim remedies and provisional measures are a critical component of civil/commercial litigation and arbitration. The objective of this book is to set out not just the law and practice in relation to the primary interim remedies and preservation measures available in England & Wales and China, but also to provide the comparative analysis between the two jurisdictions concerning these interim measures. The system for interim remedies in England & Wales is well-established, but preservation measures in China are a work in progress and many differences exist between the two legal systems, both in terms of theory and practice. For example, China does not recognise the general concept of interim measures, if looked at from the English law point of view, though it does have similar concepts of Property preservation, evidence preservation and behaviour preservation. China has recently adopted Chinese Civil Code 2020 and in writing this book the authors have incorporated all the relevant elements from the new Code. There is no equivalent of Practice Directions in China, and this book provides provide much needed clarity on this area, drawing together the law and guidance which is presently scattered across numerous local courts in the different provinces. This is an important book that is likely to have a significant impact on existing scholarship regarding interim remedies in England, Wales and China, and be of interest of all parties involved in cross-border litigation. Its readership will include industry professionals, academics, policy-makers and government officials.
Author: Han Zhai Publisher: BRILL ISBN: 9004388141 Category : Law Languages : en Pages : 291
Book Description
In The Constitutional Identity of Contemporary China: The Unitary System and Its Internal Logic, Han Zhai an account of constitutional identity merging with China’s constitutional history and her constitutional complex from a comparative perspective.
Author: Andrew Godwin Publisher: ISBN: Category : Languages : en Pages : 62
Book Description
In April 2014, leading scholars came to China to deliver lectures addressing fundamental areas of the common law, including property law, agency law, equity, criminal law, and tax law. These lectures explore the development, features, and application of their respective areas of the common law. In addition, the lectures compare aspects of the common law with the approach in civil law jurisdictions and, in particular, in China. By examining the development of the common law and stare decisis, one may gain insights into common law concepts, many of which are similar to those in the Chinese legal system.
Author: Chenglin Liu Publisher: Carolina Academic Press LLC ISBN: 9781611631555 Category : Confucianism and law Languages : en Pages : 562
Book Description
"This book serves as an overview of contemporary Chinese law and the history of Chinese Law. More than a simple casebook, this book will be useful to students and researchers alike as an introduction to Chinese Law"--
Author: Xiaobo Dong Publisher: Springer ISBN: 9789819925070 Category : Law Languages : en Pages : 0
Book Description
This book delivers a comprehensive, insightful, and updated analytic description of contemporary Chinese legal system. From a macro perspective, it presents, both theoretically and empirically, the evolution of Chinese law, describing its distinctive features, comparing it with other experiences across the world, and exploring the influence of economic, social, cultural, and technological factors thereon. From a micro perspective, based on the latest laws and regulations so promulgated and relevant research, this book briefly summarizes the basic theories and knowledge of existing law in the PRC, including the Constitution, civil law, criminal law, administrative law, procedural law, intellectual property law, economic law, etc. With this book, not only law students, lawyers, and those who have a background in Chinese law but also general readers can catch a penetrating glimpse into the fast-changing Chinese legal system.
Author: Li Chen Publisher: ISBN: 9789004288485 Category : History Languages : en Pages : 396
Book Description
In Chinese Law, edited by Li Chen and Madeleine Zelin, the authors provide valuable perspectives on the transformation, knowledge, practice, and effects of Chinese law and justice in the changing historical context of late imperial and modern China.
Author: Dr Vivek Jain
Author: Dr Vivek Jain
Author: Vivek (Legal consultant) Jain
Author: Meiling Huang
Author: Jianfu Chen
Author: Vivek Jain
Author: Han Zhai
Author: Andrew Godwin
Author: Chenglin Liu
Author: Xiaobo Dong
Author: Li Chen