Code Custom And Legal Practice In China

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Code Custom And Legal Practice In China

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Author : Philip C. Huang
language : en
Publisher: Stanford University Press
Release Date : 2001

Code Custom And Legal Practice In China written by Philip C. Huang and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.

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.

Civil Law In Qing And Republican China

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Author :
language : en
Publisher: Stanford University Press
Release Date : 1994-08

Civil Law In Qing And Republican China written by and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994-08 with Law categories.

The opening of local archives to Western scholars in the 1980's has provided the basis for this reexamination of civil law in Qing and Republican China. This pathbreaking volume demonstrates that, contrary to previous scholarly understanding, Qing and Republican courts dealt extensively with such civil matters as land rights, debt, marriage, and inheritance, and did so with striking consistency and in conformity with the written code.

Civil Justice In China

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Author : Philip C. C. Huang
language : en
Publisher:
Release Date : 2022

Civil Justice In China written by Philip C. C. Huang and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with LAW categories.

To what extent do newly available case records bear out our conventional assumptions about the Qing legal system? Is it true, for example, that Qing courts rarely handled civil lawsuits--those concerned with disputes over land, debt, marriage, and inheritance--as official Qing representations led us to believe? Is it true that decent people did not use the courts? And is it true that magistrates generally relied more on moral predilections than on codified law in dealing with cases? Based in large part on records of 628 civil dispute cases from three counties from the 1760's to the 1900's, this book reexamines those widely accepted Qing representations in the light of actual practice. The Qing state would have had us believe that civil disputes were so "minor" or "trivial" that they were left largely to local residents themselves to resolve. However, case records show that such disputes actually made up a major part of the caseloads of local courts. The Qing state held that lawsuits were the result of actions of immoral men, but ethnographic information and case records reveal that when community/kin mediation failed, many common peasants resorted to the courts to assert and protect their legitimate claims. The Qing state would have had us believe that local magistrates, when they did deal with civil disputes, did so as mediators rather than judges. Actual records reveal that magistrates almost never engaged in mediation but generally adjudicated according to stipulations in the Qing code.

Contract And Property In Early Modern China

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Author : Madeleine Zelin
language : en
Publisher: Stanford University Press
Release Date : 2004-02-18

Contract And Property In Early Modern China written by Madeleine Zelin and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-02-18 with Law categories.

Providing a new perspective on economic and legal institutions, particularly on contract and property, in Qing and Republican history, this volume provides case studies to explicate how these institutions worked, while situating them firmly in their broader social context.

To Steal A Book Is An Elegant Offense

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Author : William P. Alford
language : en
Publisher: Stanford University Press
Release Date : 1995

To Steal A Book Is An Elegant Offense written by William P. Alford and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Law categories.

This sweeping study examines the law of intellectual property in Chinese civilization from imperial days to the present. It uses materials drawn from law, the arts and other fields as well as extensive interviews with Chinese and foreign officials, business people, lawyers, and perpetrators and victims of "piracy."

Bird In A Cage

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Author : Stanley B. Lubman
language : en
Publisher: Stanford University Press
Release Date : 1999

Bird In A Cage written by Stanley B. Lubman and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.

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.

Inside China S Legal System

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Author : Chang Wang
language : en
Publisher: Chandos Publishing
Release Date : 2013-10-31

Inside China S Legal System written by Chang Wang and has been published by Chandos Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-31 with Law categories.

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

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.

Chinese Contract Law Theory Practice Second Edition

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Author : Mo Zhang
language : en
Publisher: BRILL
Release Date : 2019-12-16

Chinese Contract Law Theory Practice Second Edition written by Mo Zhang and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-16 with Law categories.

Chinese Contract Law (2nd Ed) offers an in-depth analysis of the contract making process, performance and remedies in the legal framework established under the current regulatory scheme governing contracts in China. The book discusses various contract issues from theoretic and practical viewpoints, and addresses major contractual matters in a comparative way. It examines the law of contracts as drafted, interpreted and applied with Chinese characteristics. The second edition comprises the latest developments in contract legislation, adjudication and practices in China, including the newly adopted laws, judicial interpretations and guiding cases. It emphasizes contextual distinctions and transactional considerations relevant to contract research and practice. The book provides a meaningful tool to get inside the contemporary contract law of China.

Beyond The Pass

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Author : James A. Millward
language : en
Publisher: Stanford University Press
Release Date : 1998-06-01

Beyond The Pass written by James A. Millward and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-06-01 with History categories.

As analysis of the revenue available to Qing garrisons in Xinjiang reveals, imperial control over the region in the eighteenth and nineteenth centuries depended upon sizeable yearly subsidies from China. In an effort to satisfy criticism of their expansion into Xinjiang and make the territory pay for itself, the Qing court permitted local authorities great latitude in fiscal matters and encouraged the presence of Han and Chinese Muslim merchants. At the same time, the court recognized the potential for unrest posed by Chinese mercantile penetration of this Muslim, Turkic-speaking area. They consequently attempted, through administrative and legal means, to defend the native Uyghur population against economic depredation. This ethnic policy reflected a conception of the realm that was not Sinocentric, but rather placed the Uyghur on a par with Han Chinese. Both this ethnic policy and Xinjiang’s place in the realm shifted following a series of invasions from western Turkestan starting in the 1820’s. Because of the economic importance of Chinese merchants and the efficacy of merchant militia in Xinjiang, the Qing court revised its policies in their favor, for the first time allowing permanent Han settlement in the area. At the same time, the court began to advocate provincehood and the Sinicization of Xinjiang as a resolution to the perennial security problem. These shifts, the author argues, marked the beginning of a reconception of China to include Inner Asian lands and peoples—a notion that would, by the twentieth century, become a deeply held tenet of Chinese nationalism.