The History And Theory Of Legal Practice In China
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The History And Theory Of Legal Practice In China
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Author : Philip C.C. Huang
language : en
Publisher: BRILL
Release Date : 2014-09-03
The History And Theory Of Legal Practice In China written by Philip C.C. Huang and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-03 with History categories.
The History and Theory of Legal Practice in China: Toward a Historical-Social Jurisprudence goes beyond the either/or dichotomy of Chinese vs. Western law, tradition vs. modernity, and the substantive-practical vs. the formal. It does so by proceeding not from abstract legal texts but from the realities of legal practice. Whatever the declared intent of a law, it must in actual application adapt to social realities. It is the two dimensions of representation and practice, and law and society, that together make up the entirety of a legal system. The assembled articles by the editors and a new generation of Chinese scholars illustrate a new “historical-social jurisprudence,” and explore the possible conceptual underpinnings of a modern Chinese legal system that would both accommodate and integrate the unavoidable paradoxes of contemporary China.
The Tradition And Modern Transition Of Chinese Law
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Author : Jinfan Zhang
language : en
Publisher: Springer Science & Business Media
Release Date : 2014-02-20
The Tradition And Modern Transition Of Chinese Law written by Jinfan Zhang and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-20 with Law categories.
The book was first published in 1997, and was awarded the first prize of scientific research by the Ministry of Justice during the ninth Five-Year Plan of China. In 2005, it was adopted the text book for the postgraduates of law majors. In 2009, it was awarded the second prize of the best books on law in China. The book discusses from different aspects the long legal tradition in China, and it not only helps us to have a further understanding of Chinese legal system but also combines theories and practice and illustrate the modern legal transition which probes the history of Chinese legal system. As is known to us all, China is a country with a long legal history, which can be traced back to more than three thousand year ago. So the legal tradition of China has been passed down from generation to generation without any interruptions. This feature is peculiar to Chinese legal history which is beyond all comparison with that of other countries such as ancient Egypt, ancient India, ancient Babylon and ancient Persia. Through the study of Chinese legal history we can have a deeper understanding of the histories, features, origins and the transition of Chinese legal tradition. The Chinese legal tradition originated from China, and it is the embodiment of the wisdom and creativity of Chinese civilization. The great many books, researching materials, legal constitutions, archives, files and records of different dynasties in China have provided us with rare, complete and systematic materials to research. The book has a complete, systematic and detailed research on Chinese legal tradition and its transition and it gives people a correct recognition of the process of the perfection of laws during its development and its position as well as its value in the social progress in order to grasp its regular patterns. It also has showed us the most valuable part and core of Chinese legal Tradition and it is a summary of Chinese legal tradition and its transition from different perspectives, different angles and different levels. From the book, we can see that the ancient Chinese Legal Culture had once shocked the world and exerted great influence on the civilization of the world legal system, especially the legal systems in Asian countries. The book also has discussed the reestablishment of law in the late Qing Dynasty and the beginning of the Chinese law’s transition to modernity. In a word, the book has not only combined the legal system and the legal culture together, but also integrated the important historical figures and events ingeniously and it is a valuable and readable book with authenticity.
The History Of Chinese Legal Civilization
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Author : Jinfan Zhang
language : en
Publisher: Springer
Release Date : 2020-07-25
The History Of Chinese Legal Civilization written by Jinfan Zhang and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-25 with Law categories.
This book, based on the theory of Marxism-Leninism, aims to study the essence, content and features of various legal systems in China in different historical periods, as well as the rules of the development of Chinese legal systems. It effectively combines classic analysis and historical analysis to probe historical facts and elaborate the historical role of the legal system, revealing both the general and the specific rules of the development of China s legal system on the basis of the existing relevant research. The subject matter is of abundant theoretical and practical significance, as it enriches Marxist legal studies, deepens readers’ understanding of China s legal civilization and offers guiding principles for the creation of socialist legal systems with Chinese characteristics. It discusses the trends in thinking on the reconstruction of the legal system; changing laws; western legal culture; the legal system in the period of westernization, constitution and reform; preparation for constitutionalism; modification of the law during the late Qing Dynasty; criminal, civil and commercial legislation; and judicial reforms in the modern era as well as the various ups and downs and cases of malconduct after the founding of the People’s Republic of China
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.
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
China S Long March Toward Rule Of Law
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Author : Randall Peerenboom
language : en
Publisher: Cambridge University Press
Release Date : 2002-09-26
China S Long March Toward Rule Of Law written by Randall Peerenboom 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 2002-09-26 with History categories.
China has enjoyed considerable economic growth in recent years in spite of an immature, albeit rapidly developing, legal system, a system whose nature, evolution and path of development have been poorly understood by scholars. Drawing on his legal and business experience in China as well as his academic background in the field, Peerenboom provides a detailed analysis of China's legal reforms. He argues that China is in transition from rule by law to a version of rule of law, though most likely not a liberal democratic version as found in economically advanced countries in the West. Maintaining that law plays a key role in China's economic growth, Peerenboom assesses reform proposals and makes his own recommendations. In addition to students and scholars of Chinese law, political science, sociology and economics, this will interest business professionals, policy advisors, and governmental and non-governmental agencies as well as comparative legal scholars and philosophers.
Legal Transplantation In Early Twentieth Century China
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Author : Michael H. K. Ng
language : en
Publisher: Routledge
Release Date : 2014-05-23
Legal Transplantation In Early Twentieth Century China written by Michael H. K. Ng and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-23 with History categories.
"Practicing law" has a dual meaning in this book. It refers to both the occupational practice of law and the practicing of transplanted laws and institutions to perfect them. The book constitutes the first monographic work on the legal history of Republican Beijing, and provides an in-depth and comprehensive account of the practice of law in the city of Beijing during a period of social transformation. Drawing upon unprecedented research using archived records and other primary materials, it explores the problems encountered by Republican Beijing’s legal practitioners, including lawyers, policemen, judges and criminologists, in applying transplanted laws and legal institutions when they were inapplicable to, incompatible with, or inadequate for resolving everyday legal issues. These legal practitioners resolved the mismatch, the author argues, by quite sensibly assimilating certain imperial laws and customs and traditional legal practices into the daily routines of the recently imported legal institutions. Such efforts by indigenous legal practitioners were crucial in, and an integral part of, the making of legal transplantation in Republican Beijing. This work not only makes significant contributions to scholarship on the legal history of modern China, but also offers insights into China’s quest for modernization in its first wave of legal globalization. It is thus of great value to legal historians, comparative legal scholars, specialists in Chinese law and China studies, and lawyers and law students with an interest in Chinese legal history.
Legal Orientalism
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Author : Teemu Ruskola
language : en
Publisher: Harvard University Press
Release Date : 2013-06-03
Legal Orientalism written by Teemu Ruskola and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-03 with Law categories.
Since the Cold War ended, China has become a global symbol of disregard for human rights, while the United States has positioned itself as the world’s chief exporter of the rule of law. How did lawlessness become an axiom about Chineseness rather than a fact needing to be verified empirically, and how did the United States assume the mantle of law’s universal appeal? In a series of wide-ranging inquiries, Teemu Ruskola investigates the history of “legal Orientalism”: a set of globally circulating narratives about what law is and who has it. For example, why is China said not to have a history of corporate law, as a way of explaining its “failure” to develop capitalism on its own? Ruskola shows how a European tradition of philosophical prejudices about Chinese law developed into a distinctively American ideology of empire, influential to this day. The first Sino-U.S. treaty in 1844 authorized the extraterritorial application of American law in a putatively lawless China. A kind of legal imperialism, this practice long predated U.S. territorial colonialism after the Spanish-American War in 1898, and found its fullest expression in an American district court’s jurisdiction over the “District of China.” With urgent contemporary implications, legal Orientalism lives on in the enduring damage wrought on the U.S. Constitution by late nineteenth-century anti-Chinese immigration laws, and in the self-Orientalizing reforms of Chinese law today. In the global politics of trade and human rights, legal Orientalism continues to shape modern subjectivities, institutions, and geopolitics in powerful and unacknowledged ways.
Chinese Contract Law
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Author : Mo Zhang
language : en
Publisher:
Release Date : 2007
Chinese Contract Law written by Mo Zhang and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with categories.
Amazingly, almost all Fortune 500 companies have a business presence in China. This phenomenon indisputably demonstrates that China has now become the center of global attention. Yet many foreign businessmen and lawyers still feel discomfort about Chinese law and the legal system that they will encounter in their business dealings with China. Issues that must be dealt with for foreign parties doing business in China include, among others, whether China has a sound legal system, whether private interests will be protected effectively under the socialist system of China, and whether a contract will be honored and enforced in China. Additional questions arise: How are contracts treated and handled differently from what we do at home? How is the doctrine of freedom of contract being accepted in China? What contract theories are there in China? How do we make a contract with Chinese counterparts? Could the law of our country be applied to a contract involving China? What remedies will be available in case of breach of contract? How will a judgment or arbitral award be enforced in China? The book offers a comprehensive analysis on Chinese Contract Law both in theory and in practice. It discusses the issues surrounding the process of contract formation, performance and remedies for breach, and addresses the doctrines underlying the law of contract. The issue-oriented format and comparative mechanism employed in the book are intended to provide an inside view of Chinese Contract Law and its application in the people's courts. Efforts are made to discuss different solutions to the above issues based on the nature of particular fact patterns. The purpose of the book is to help "catch the cubs by boldly entering into the lair of tiger". The book begins with a review of the legislative history of contract law in China, and then moves onto an analysis of the Chinese nature of contracts. With a focus on the 1999 Contract Law of China, the book covers such subjects as formation of contracts, defenses to the formation of contracts, performance of contracts, assignment, breach and remedies, as well as third parties. The last chapter of the book has a special concentration on international contracts.
Chinese Law
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Author : Li Chen
language : en
Publisher: BRILL
Release Date : 2015-01-27
Chinese Law written by Li Chen and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-01-27 with History categories.
The twelve case studies in Chinese Law: Knowledge, Practice and Transformation, 1530s to 1950s, edited by Li Chen and Madeleine Zelin, open a new window onto the historical foundation and transformation of Chinese law and legal culture in late imperial and modern China. Their interdisciplinary analyses provide valuable insights into the multiple roles of law and legal knowledge in structuring social relations, property rights, popular culture, imperial governance, and ideas of modernity; they also provide insight into the roles of law and legal knowledge in giving form to an emerging revolutionary ideology and to policies that continue to affect China to the present day.