Legal System Of Mongolia
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The Mongolian Legal System
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Author : William Elliott Butler
language : en
Publisher: BRILL
Release Date : 1982-07-20
The Mongolian Legal System written by William Elliott Butler and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 1982-07-20 with Law categories.
Legal System Of Mongolia
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Author : S. Narangėrėl
language : en
Publisher:
Release Date : 2004
Legal System Of Mongolia written by S. Narangėrėl and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
Law Reform And The National Legal System In Mongolia
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Author :
language : de
Publisher:
Release Date : 2003
Law Reform And The National Legal System In Mongolia written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with categories.
Justice On The Steppe
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Author : Ying Hu
language : en
Publisher:
Release Date : 2014
Justice On The Steppe written by Ying Hu and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
This dissertation examines changes to the form and function of the Mongolian legal system in Qing Inner Mongolia between the Shunzhi (1644-1661) and Qianlong (1736-1795) reigns as a result of top-down imperial policies and bottom-up socio-demographic forces. It argues that the Qing state accommodated culturally diverse legal practices and ideologies while simultaneously promoting procedural uniformity throughout the empire. It finds that the Yongzheng reign (1723-1735) played a crucial role in this transition. In the decades after 1644, the Qing legal system included very different legal regimes: in the Chinese provinces, the Qing code inherited from the Ming dynasty was promulgated; in Mongolia, a Mongol code largely based on customary Mongolian law was in effect. Following reforms in the Yongzheng period, these two legal regimes were administratively integrated into one empire-wide, hierarchical Qing legal system. Chapter One examines Beijing's growing role in the administration of justice in the Shunzhi and Kangxi (1662-1722) reign periods. After reviewing the origins of Qing engagement with Mongolian law before 1644, the focus turns to the central state's participation in the review of criminal cases both by dispatching Lifanyuan representatives to Mongolia and by carrying out special investigations in cases of capital appeal. In the Kangxi reign, all capital crimes from Mongolia were required to undergo mandatory review in the capital. Moreover, the Lifanyuan no longer independently reviewed Mongol criminal cases, but instead did so jointly with the Three High Courts. Chapter Two examines the crucial role of the Yongzheng reforms in the search for bureaucratic centralization and administrative standardization. By 1723, Mongolia and China proper could no longer be treated as two entirely distinct spheres of jurisdiction. "Mixed cases, " involving parties normally governed by two different bodies of law and procedure, became more frequent as social and economic interactions between the indigenous Mongolian and immigrant Chinese populations increased. Reforms under the Yongzheng emperor introduced the prefectural model of administration into parts of Inner Mongolia, creating a contiguous multi-jurisdictional zone along the southern edge of the Great Wall. This legal plurality was characterized by overlapping bodies of law with different geographical reaches, co-existing institutional systems, and conflicting legal norms. A major concern of this dissertation is how, in practice, Qing officials dealt with conflict of laws when two legal orders with different laws and punishments were effective within the same geographic region and community. Chapters Three and Four look carefully at a range of cases from two categories of capital crimes that received particular attention from the Qing state: homicides and livestock theft. Over time, Qing influence was displayed in the principles of adjudication, the use of evidence, and even the form of documents. In homicides, officials introduced the mandatory medical examination by a coroner and routinized the use of the confession in place of the traditional Mongolian form of evidence -- the judicial oath. Chapters Three and Four also consider the crucial question of punishment. In the pre-Qing period, homicides and theft were punishable by large cattle fines. They were initially reclassified as capital punishment crimes in the early Qing. This remained true for homicides. Officials were chiefly concerned with standardizing the type of death sentence with those prescribed by Qing law. Livestock theft laws demonstrated a somewhat different trajectory. Mongolian thieves were initially punished more harshly than Chinese thieves; the former sentenced to death and the latter assessed a fine. In the Yongzheng reign, the penalty for livestock theft was reduced from death to enslavement, and further reduced to exile in the Qianlong reign. Although the punishment was not the same for Mongol and Chinese criminals, as it was for murder cases, the degree of severity of the punishment in Mongolian law was reduced to align with the Qing code. This dissertation argues that standardizing judicial procedure was a tool of Qing empire-building. The Qing central state increasingly expanded its control over the venue for conflict resolution and the basis for judgment. By the late eighteenth century, the legal treatment of serious crimes was relatively consistent despite the existence of multiple legal orders. Mongolian criminal categories aligned with Qing legal categories. Qing officials continued to modify Mongolian law up to the promulgation of the Lifanyuan code in the Jiaqing reign.
Law Reform And The National Legal System In Mongolia
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Author : Rainer Gepperth
language : de
Publisher:
Release Date : 2003
Law Reform And The National Legal System In Mongolia written by Rainer Gepperth and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with categories.
The Protection Of Foreign Investments In Mongolia
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Author : Bajar Scharaw
language : en
Publisher: Springer
Release Date : 2017-11-07
The Protection Of Foreign Investments In Mongolia written by Bajar Scharaw and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-07 with Law categories.
This book analyses the adequacy of Mongolia’s legal system for foreign investment protection by conducting a multi-level assessment of international investment treaties, domestic legislation of the host State, and investor-State contracts from an international comparative perspective. The investigation distinguishes between three legal dimensions, each of which offers both substantive legal guarantees for the protection of investments in the host State and provisions for the settlement of investment disputes by arbitration. In the first dimension of Public International Law (PIL), Mongolia is bound by international investment treaties, which offer investors an international law setting. In the second dimension, a special domestic investment law defines the domestic framework for the establishment, promotion and protection of investments, but also for the conclusion of investor-State contracts. These contracts in turn open a third legal dimension, which represents a cross-section through the PIL and domestic-law dimensions of investment protection. Following the development of a multi-level system with legal dimensions that are not isolated but rather interrelated and mutually reinforcing, the book examines whether Mongolia’s international investment treaties and domestic investment law reflect globally shared international and domestic standards of treatment and protection of foreign investments. Lastly, the author inquires whether the domestic laws applicable to investor-State contracts in Mongolia allow investors and the Mongolian Government to agree on protective terms according to the (not uncontroversial) standards of international contract practice.
Asian Courts In Context
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Author : Jiunn-rong Yeh
language : en
Publisher: Cambridge University Press
Release Date : 2015
Asian Courts In Context written by Jiunn-rong Yeh 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 2015 with Law categories.
Analyzes courts in fourteen selected Asian jurisdictions to provide the most up-to-date and comprehensive interdisciplinary book available.
Courts Of The Mongolian People S Republic
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Author : D. Sangidanzan
language : en
Publisher:
Release Date : 1980
Courts Of The Mongolian People S Republic written by D. Sangidanzan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1980 with Courts categories.
Law Of Mongolia On The Judiciary Courts
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Author : Mongolia
language : en
Publisher:
Release Date : 1994*
Law Of Mongolia On The Judiciary Courts written by Mongolia and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994* with Constitutional law categories.
The Hong Kong Legal System
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Author : Stefan H. C. Lo
language : en
Publisher: Cambridge University Press
Release Date : 2019-12-19
The Hong Kong Legal System written by Stefan H. C. Lo 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 2019-12-19 with Law categories.
Offers an accessible overview of Hong Kong's legal system and guides first-year law students in legal research and methods.