Download or read book Chinese Civil Justice Past and Present written by Philip C. C. Huang and published by Rowman & Littlefield. This book was released on 2009-12-16 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: The culmination of twenty years of research, this essential book completes distinguished historian Philip C. C. Huang's pathbreaking trilogy on Chinese law and society from late imperial times to the present. Huang shows how, at the level of ideology and theory, traditional Chinese law has been rejected time and again in the past century by China's own lawmakers, first in the late Qing and the republic, then in the revolutionary and Maoist periods of the People's Republic, and finally again in the current reform era. Considering legal theory alone, modern Chinese law can only be Western law, and past Chinese law—traditional or Maoist—can have no role under the leadership's current preoccupations with modernization and marketization. But what has actually happened historically at the level of judicial practice and the daily lives of common people? In exploring this central question, Huang draws on a rich array of court records and field interviews to illustrate the surprising strength of traditional Chinese civil justice. Albeit much altered, its legacy can be traced in informal and semiformal community justice (e.g., societal and cadres mediation), as well as in multiple spheres of court-administered formal civil justice, including property rights, inheritance and old-age maintenance, and debt obligations. He also identifies the influence of Maoist justice, especially its divorce and civil court mediation practices. Finally, despite the reform era's massive importation of Western laws, legal reasoning employed in judicial practice has shown remarkable continuity, with major implications for China's future legal system.
Download or read book Heaven Has Eyes written by Xiaoqun Xu and published by Oxford University Press. This book was released on 2020-08-03 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Heaven Has Eyes is a comprehensive but concise history of Chinese law and justice from the imperial era to the post-Mao era. Never before has a single book treated the traditional Chinese law and judicial practices and their modern counterparts as a coherent history, addressing both criminal and civil justice. This book fills this void. Xiaoqun Xu addresses the evolution and function of law codes and judicial practices throughout China's long history, and examines the transition from traditional laws and practices to modern ones in the twentieth century. To the Chinese of the imperial era, justice was an alignment of heavenly reason (tianli), state law (guofa), and human relations (renqing). Such a conception did not change until the turn of the twentieth century, when Western-derived notions-natural rights, legal equality, the rule of law, judicial independence, and due process--came to replace the Confucian moral code of right and wrong. The legal-judicial reform agendas that emerged in the beginning of the twentieth century (and are still ongoing today) stemmed from this change in Chinese moral and legal thinking, but to materialize the said principles in everyday practices is a very different order of things, and the past century was fraught with legal dramas and tragedies. Heaven Has Eyes lays out how and why that is the case.
Download or read book Civil Justice in China written by Philip C. C. Huang and published by Stanford University Press. This book was released on 1996 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Mediation in Contemporary Chinese Civil Justice written by Peter C.H. Chan and published by Martinus Nijhoff Publishers. This book was released on 2017-08-03 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Mediation in Contemporary Chinese Civil Justice, Peter Chan offers by far one of the most comprehensive analyses of the system of mediation of civil and commercial disputes in contemporary China.
Download or read book The History and Theory of Legal Practice in China written by Philip C.C. Huang and published by BRILL. This book was released on 2014-09-03 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Chinese Civil Justice Past and Present written by Philip C. Huang and published by Rowman & Littlefield. This book was released on 2010 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: The culmination of twenty years of research, this essential book completes distinguished historian Philip C. C. Huang's pathbreaking trilogy on Chinese law and society from late imperial times to the present. The author argues that, despite formal adherence to Western law and legal theory, traditional Chinese judicial practices continue to flourish. Huang draws on a rich array of court records and field interviews to illustrate the surprising strength of traditional Chinese civil justice, as can be seen in societal and cadres mediation, and in court actions with respect to property rights, inheritance and old-age maintenance, and debts. Maoist justice too remains influential, especially its divorce and court mediation practices. Finally, despite the recent massive adoption of Western laws, legal reasoning employed in judicial practice has shown stunning continuity, with major implications for China's future.
Download or read book Mediation in Contemporary Chinese Civil Justice written by Peter C. H. Chan and published by Chinese and Comparative Law. This book was released on 2017 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Mediation in Contemporary Chinese Civil Justice, Peter Chan offers one of the most comprehensive analyses of the system of mediation of civil and commercial disputes in contemporary China. Based on extensive interviews with judges and a survey on in-court mediation covering 24 courts in China, the author seeks to answer a question that interests many legal scholars: Is it practically feasible for the mediation of civil disputes in China to take the shape of genuine alternative dispute resolution, rather than being used by the courts as a means to preserve social stability? The book looks beyond procedural rules and examines how judicial culture and beliefs shape the landscape of civil dispute resolution in China.
Download or read book Code Custom and Legal Practice in China written by Philip C. Huang and published by Law, Society, and Culture in China. This book was released on 2001 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book A History of Civil Law in Early China Cases Statutes Concepts and Beyond written by Zhaoyang Zhang and published by BRILL. This book was released on 2022-07-11 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through the careful examination of cases, statutes and terminology preserved in both excavated and transmitted materials, this book argues that a civil law with distinctive Chinese characteristics emerged during the Qin and Han dynasties (221 B.C.-A.D. 220).
Download or read book Justice written by Flora Sapio and published by Cambridge University Press. This book was released on 2017-07-27 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: Claims about a pursuit of justice weave through all periods of China's modern history. But what do authorities mean when they refer to 'justice' and do Chinese citizens interpret justice in the same way as their leaders? This book explores how certain ideas about justice have come to be dominant in Chinese polity and society, and how some conceptions of justice have been rendered more powerful and legitimate than others. This book's focus on 'how' justice works incorporates a concern about the processes that lead to the making, un-making and re-making of distinct conceptions of justice. Investigating the processes and frameworks through which certain ideas about justice have come to the political and social forefront in China today, this innovative work explains how these ideas are articulated through spoken performances and written expression by both the party-state and its citizenry.
Download or read book Research from Archival Case Records written by Philip C.C. Huang and published by BRILL. This book was released on 2014-04-30 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal history studies have often focused mainly on codified law, without attention to actual practice, and on the past, without relating it to the present. As the title—Research from Archival Case Records: Law, Society, and Culture in China—of this book suggests, the authors deliberately follow the research method of starting from court actions and only on that basis engage in discussions of laws and legal concepts and theory. The articles cover a range of topics and source materials, both past and present. They provide some surprising findings—about disjunctures between code and practice, adjustments between them, and how those reveal operative principles and logics different from what the legal texts alone might suggest. Contributors are: Kathryn Bernhardt, Danny Hsu, Philip C. C. Huang, Christopher Isett, Yasuhiko Karasawa, Margaret Kuo, Huaiyin Li, Jennifer M. Neighbors, Bradly W. Reed, Matthew H. Sommer, Huey Bin Teng, Lisa Tran, Elizabeth VanderVen, and Chenjun You.
Download or read book Civil Litigation in China and Europe written by C.H. (Remco) van Rhee and published by Springer Science & Business Media. This book was released on 2013-12-03 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume addresses the role of the judge and the parties in civil litigation in mainland China, Hong Kong and various European jurisdictions. It provides an overview and an analysis of how these respective roles have been changed in order to cope with growing caseloads and quality demands. It also shows the different approaches chosen in the jurisdictions covered. Mainland China is introducing far-reaching reforms in its system of civil litigation. From an inquisitorial procedure, in which the parties play a relatively minor role, the country is changing to a more adversarial system with increased powers for the parties. At the same time, case management and the role of the judge as it is understood in mainland China remains different from case management and the role of the judge in Western countries, mainly as regards the limited powers of individual Chinese judges in this respect. Changes in China are justified by the ever-increasing case load of the Chinese courts and the consequent inability to deal with cases in an adequate manner, even though generally speaking Chinese courts still adjudicate civil cases within a relatively short time frame (this may, however, be problematic when viewed from the perspective of the quality of adjudication). Growing caseloads and quality concerns may also be observed in various European states and Hong Kong. In these jurisdictions the civil procedural systems have a relatively adversarial character and it is some of the adversarial features of the existing systems of procedure which are felt to be problematic. Therefore, the lawmakers have opted for increasing the powers of the judge, often making the judge and the parties mutually responsible for the proper conduct of civil cases. Starting from opposite directions, mainland China and the various European states and Hong Kong could meet half way in their reform attempts. This is, however, only possible if a proper understanding is fostered of the developments in these different parts of the World. Even though in both China and Europe the academic community and lawmakers are showing a keen interest in the relevant developments abroad, a study addressing the role of the judge and the parties in civil litigation in both China and Europe is still missing. This book aims to fill this gap in the existing literature.
Download or read book Chinese Justice written by Margaret Y. K. Woo and published by Cambridge University Press. This book was released on 2013-02-14 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyzes whether China's thirty years of legal reform have taken root in Chinese society by examining how ordinary citizens are using the legal system in contemporary China. It is an interdisciplinary look at law in action and at legal institutions from the bottom up, that is, beginning with those at the ground level that are using and working in the legal system. It explores the emergent Chinese conception of justice - one that seeks to balance Chinese tradition, socialist legacies, and the needs of the global market. Given the political dimension of dispute resolution in creating, settling, and changing social norms, this volume contributes to a greater understanding of political and social change in China today and of the process of legal reform generally.
Download or read book The Coming Collapse of China written by Gordon G. Chang and published by Random House. This book was released on 2001-09-15 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: China is hot. The world sees a glorious future for this sleeping giant, three times larger than the United States, predicting it will blossom into the world's biggest economy by 2010. According to Chang, however, a Chinese-American lawyer and China specialist, the People's Republic is a paper dragon. Peer beneath the veneer of modernization since Mao's death, and the symptoms of decay are everywhere: Deflation grips the economy, state-owned enterprises are failing, banks are hopelessly insolvent, foreign investment continues to decline, and Communist party corruption eats away at the fabric of society. Beijing's cautious reforms have left the country stuck midway between communism and capitalism, Chang writes. With its impending World Trade Organization membership, for the first time China will be forced to open itself to foreign competition, which will shake the country to its foundations. Economic failure will be followed by government collapse. Covering subjects from party politics to the Falun Gong to the government's insupportable position on Taiwan, Chang presents a thorough and very chilling overview of China's present and not-so-distant future.
Download or read book Civil Society in China written by Karla W Simon and published by Oxford University Press. This book was released on 2013-05-02 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the definitive book on the legal and fiscal framework for civil society organizations (CSOs) in China from earliest times to the present day. Civil Society in China traces the ways in which laws and regulations have shaped civil society over the 5,000 years of China's history and looks at ways in which social and economic history have affected the legal changes that have occurred over the millennia. This book provides an historical and current analysis of the legal framework for civil society and citizen participation in China, focusing not merely on legal analysis, but also on the ways in which the legal framework influenced and was influenced in turn by social and economic developments. The principal emphasis is on ways in which the Chinese people - as opposed to high-ranking officials or cadres — have been able to play a part in the social and economic development of China through the associations in which they participate. Civil Society in China sums up this rather complex journey through Chinese legal, social, and political history by assessing the ways in which social, economic, and legal system reforms in today's China are bound to have an impact on civil society. The changes that have occurred in China's civil society since the late 1980's and, most especially, since the late 1990's, are nothing short of remarkable. This volume is an essential guide for lawyers and scholars seeking an in depth understanding of social life in China written by one its leading experts.
Download or read book The Judicial System and Reform in Post Mao China written by Yuwen Li and published by Routledge. This book was released on 2016-03-03 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive study examines the development and changing characteristics of the judicial system and reform process over the past three decades in China. As the role of courts in society has increased so too has the amount of public complaints about the judiciary. At the same time, political control over the judiciary has retained its tight-grip. The shortcomings of the contemporary system, such as institutional deficiencies, shocking cases of injustice and cases of serious judicial corruption, are deemed quite appalling by an international audience. Using a combination of traditional modes of legal analysis, case studies, and empirical research, this study reflects upon the complex progress that China has made, and continues to make, towards the modernisation of its judicial system. Li offers a better understanding on how the judicial system has transformed and what challenges lay ahead for further enhancement. This book is unique in providing both the breadth of coverage and yet the substantive details of the most fundamental as well as controversial subjects concerning the operation of the courts in China.
Download or read book An Introduction to the Legal System of the People s Republic of China written by 陈弘毅 and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Le site d'éditeur LexisNexis indique : "The first edition of this book, which appeared in 1992, was one of the first books in the English language on the Chinese legal system written from a comparative jurisprudential perspective. This fourth edition now provides an up-to-date account of this system's history, constitutional structure, sources of law, major legal institutions (such as the courts, the procuratorates, the legal profession and the Ministry of Justice), as well as the basic concepts and principles of procedural and substantive law. "
