Civil Judgments At First Instance
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Civil Judgments At First Instance
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Author : Zhixun Cao
language : en
Publisher: Springer Nature
Release Date : 2025-02-19
Civil Judgments At First Instance written by Zhixun Cao and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-02-19 with Law categories.
This book provides an in-depth discussion and introduction to Chinese civil procedure from both a theoretical and practical perspectives, as well as a comparative study of its relevant systems with those of the West. The subject matter of this book is Chinese civil judgments. Judgments, as the final judicial product which affects the legal relationship between both parties or even multiple parties, provide a desirable objects to observe and evaluate the service of judicial proceedings and the protection of the parties’ procedural rights. And since judgments are in most cases regarded as the default termination of any civil litigation, there is no need to argue for a comparative study on this topic which has already inspired Chinese doctrines and newest reforms. One of the aims of such research is to modernize Chinese civil justice considering the experience of leading legal counterparts. Next to the theoretical analysis, this book introduces empirical data in China to the English literature, which could provide a vivid illustration for legal researchers to be better informed about the Chinese legal system and its real version of rule of law. In other words, this book likes to describe the real judicial practice in China and summarize how Chinese lawyers understand and facilitate the production of civil judgments. Moreover, this book intends to focus on the adjudicative techniques in the civil litigation, which should constitute the mutual basis of most civil justice. Even there is no well-developed theory under the name of “Adjudicate Techniques” in some jurisdictions, it is not uncommon to discover some principles, methods, institutions, and practical operation, which is functionally and substantially comparable to the ones in other civil justice systems.
Recognition And Enforcement Of Judgments In Civil And Commercial Matters
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Author : Anselmo Reyes
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-09-19
Recognition And Enforcement Of Judgments In Civil And Commercial Matters written by Anselmo Reyes and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-19 with Law categories.
This collection offers a study of the regimes for the recognition and enforcement of foreign commercial judgments in 15 Asian jurisdictions: mainland China, Hong Kong, Taiwan, Japan, Korea, Malaysia, Singapore, Thailand, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Sri Lanka and India. For practising lawyers, the book is intended as a practical guide to current law and procedures for enforcing judgments in the selected jurisdictions. However, it does not stop at describing current law and practice. Of interest to academics and students, it also analyses the common principles of the enforcement regimes across the jurisdictions, and identifies what should be regarded as the norm for enforcement in Asian countries for the purpose of attracting foreign direct investment and catalysing rapid economic development. In light of the common principles identified, the book explores how laws in Asia may generally be improved to enable judgments to be more readily enforced, while ensuring that legitimate concerns over indirect jurisdiction, due process and domestic public policy are respected and addressed. With this in mind, the book discusses the potential impact that the adoption of the 2005 Hague Convention on Choice of Court Agreements might have on Asian jurisdictions; it also considers the potential impact of the convention for the enforcement of judgments in civil and commercial matters presently being drafted by the Hague Conference on Private International Law. This timely book argues that it is imperative to adopt a uniform system for the recognition and enforcement of judgments throughout Asia if there is to be traction for the enhanced cross-border commerce that is expected to result from endeavours such as the ASEAN Economic Community (AEC), the Belt and Road Initiative (BRI), CPTPP (also known as TPP-11), and RCEP.
Chinese Maritime Cases
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Author : Martin Davies
language : en
Publisher: Springer Nature
Release Date : 2025-05-29
Chinese Maritime Cases written by Martin Davies and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-05-29 with Law categories.
China (the Mainland of PRC) trades with other states in trillions of USD every year, and about 95% of the cargoes are carried by ocean-going ships calling at hundreds of Chinese ports each singe day. Due to the enormous trade volume and shipping activities, foreign ships, companies and professionals are often caught in the Chinese maritime law and court. The foreign parties involved in Chinese litigation or dispute resolution and their lawyers are more and more enthusiastic to study Chinese maritime cases in order to deal with their own cases properly or, if possible, predicate the potential risks and avoid the disputes outright. However, to date, no Chinese series casebook has ever been published. Now, for the first time, the authors offer this series casebook of delicately selected Chinese maritime judgments. Each year, the book selects a number of leading, innovative and influential Chinese maritime judgments and presents full English translation of them, together with summary, to the readers so that they can have insights of how the Chinese maritime judges interpret, apply and develop Chinese maritime law in practice. The book will benefit the worldwide students, academics, practitioners and industrial people who may be engaged in international trade, shipping, insurance and other transactions concerning China. The book will also indemnify to certain extent the situation that there is lack of authoritative sources available to foreign personnel to look into how Chinese justice system functions and grows in real life.
Chinese Contract Law
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Author : Larry A. DiMatteo
language : en
Publisher: Cambridge University Press
Release Date : 2017-10-26
Chinese Contract Law written by Larry A. DiMatteo and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-26 with Law categories.
A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
Selected Cases From The Supreme People S Court Of The People S Republic Of China
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Author : Law Press China for
language : en
Publisher: Springer Nature
Release Date : 2019-11-08
Selected Cases From The Supreme People S Court Of The People S Republic Of China written by Law Press China for and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-08 with Law categories.
This volume includes guiding cases of the Supreme People’s Court, cases deliberated on by the Judicial Council/Committee of the Supreme People’s Court, and cases discussed at the Joint Meetings of Presiding Judges from the various tribunals. This book is divided into four sections, including Cases by Justices, Selected Judicial Opinion(s), “Hot Cases” and “Typical Cases”, which will introduce readers to Chinese legal processes, legal methodologies and ideology in an intuitive, clear, and accurate manner.This volume presents cases selected by the trial departments of the Supreme People’s Court of China from their concluded cases. In order to give full weight to the legal value and social functions of cases from the Supreme People’s Court, and to achieve the goal of “serving the trial practices, serving economic and social development, serving legal education and legal scholarship, serving international legal exchanges among Chinese and foreign legal communities and serving the rule of law in China”, the China Institute of Applied Jurisprudence, with the approval of the Supreme People’s Court, opted to publish “Selected Cases from the Supreme People’s Court of the People’s Republic of China” in both Chinese and English, for domestic and overseas distribution.
Litigation Funding
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Author : Steven Friel
language : en
Publisher: Law Business Research Ltd.
Release Date : 2017-12-20
Litigation Funding written by Steven Friel and has been published by Law Business Research Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-20 with categories.
Litigation Funding, edited by Steven Friel and Jonathan Barnes of Woodsford Litigation Funding, is a timely survey of its regulation and practice in key economies worldwide, with the third-party funding of litigation becoming an increasing reality in the world's leading dispute resolution centres. Topics covered include: specific legislation and regulation of third-party funding, available funding options, fee and interest limits, conditional and contingency fee agreements, choice of counsel, funder attendance and participation in proceedings, veto rights, funding termination, class actions funding, liability, costs, and after-the-event insurance. In an easy-to-use question and answer format, trusted and reliable information on key topics of law and regulation in this area is provided by leading practitioners across 17 jurisdictions. "e;The comprehensive range of guides produced by GTDT provides practitioners with an extremely useful resource when seeking an overview of key areas of law and policy in practice areas or jurisdictions which they may otherwise be unfamiliar with."e; Gareth Webster, Centrica Energy E&P
Advances In Intelligent Data Analysis And Applications
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Author : Jeng-Shyang Pan
language : en
Publisher: Springer Nature
Release Date : 2021-11-25
Advances In Intelligent Data Analysis And Applications written by Jeng-Shyang Pan and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-25 with Technology & Engineering categories.
This book constitutes the Proceeding of the Sixth International Conference on Intelligent Data Analysis and Applications, October 15–18, 2019, Arad, Romania. This edition is technically co-sponsored by “Aurel Vlaicu” University of Arad, Romania, Southwest Jiaotong University, Fujian University of Technology, Chang’an University, Shandong University of Science and Technology, Fujian Provincial Key Lab of Big Data Mining and Applications, and National Demonstration Center for Experimental Electronic Information and Electrical Technology Education (Fujian University of Technology), China, Romanian Academy, and General Association of Engineers in Romania - Arad Section. The book covers a range of topics: Machine Learning, Intelligent Control, Pattern Recognition, Computational Intelligence, Signal Analysis, Modeling and Visualization, Multimedia Sensing and Sensory Systems, Signal control, Imaging and Processing, Information System Security, Cryptography and Cryptanalysis, Databases and Data Mining, Information Hiding, Cloud Computing, Information Retrieval and Integration, Robotics, Control, Agents, Command, Control, Communication and Computers (C4), Swarming Technology, Sensor Technology, Smart cities. The book offers a timely, board snapshot of new development including trends and challenges that are yielding recent research directions in different areas of intelligent data analysis and applications. The book provides useful information to professors, researchers, and graduated students in area of intelligent data analysis and applications.
Design Law
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Author : Dana Beldiman
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-09-06
Design Law written by Dana Beldiman and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-09-06 with Law categories.
This book provides a comprehensive assessment of the current legal landscape of global design law. It includes practice-based and analytical accounts of national design laws from several representative jurisdictions and delves into the practical and theoretical dimensions of some of the most urgent procedural issues facing this legal field.
International Patent Rights Harmonisation
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Author : Weinian Hu
language : en
Publisher: Taylor & Francis
Release Date : 2017-05-08
International Patent Rights Harmonisation written by Weinian Hu and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-08 with Law categories.
With reference to China, this book examines the course of international patent rights harmonisation; its characteristics as well as impediments. It evaluates the case of China’s patent law development over the course of the last three decades by drawing on the most up-to-date Chinese language sources. In the process, the volume focuses on China’s patent legislation, its achievements and weaknesses, as well as the intrinsic limitations, especially as far as enforcement is concerned. The author pays close attention to the unique societal background in China, a country that did not provide constitutional recognition to private property rights until 2004 and where a property law entered into force as late as 2013, 30 years after the first promulgation of the patent law. Global trade policy makers, IP professionals and businesses will benefit from the insights presented by the chapters as they will help them to appreciate the achievements and the controversies pursuant to China’s efforts in patent protection. While serving as a useful case study for countries seeking to leverage patent protection as a driver for economic development, the book will equally facilitate Chinese legislature to reflect on its patent legislation development, specifically on legislative policy choices. An additional analytical strength of the volume is that it compares the Chinese patent legislation with the American Invents Act and the European Patent Convention. It discovers the differences between the three patent legislations by using the minimum patent protection standards set down by the TRIPS Agreement as the benchmark. The results of the comparisons suggest that China has successfully harmonised its patent legislation with the global patent protection system, and often opts for higher patent protection standards. The book also considers whether China could learn lessons from Japan and India in their respective patent legislation and policy choices. With China undertaking a fourth patent law amendment, the provisions contained in the second draft of the Patent Law 2015, which was published in December 2015, are included in the analysis.
Comparative Analysis Of Interim Measures Interim Remedies England Wales V Preservation Measures China
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Author : Vivek Jain
language : en
Publisher: Taylor & Francis
Release Date : 2022-05-30
Comparative Analysis Of Interim Measures Interim Remedies England Wales V Preservation Measures China written by Vivek Jain and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-30 with Law categories.
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.