Download or read book Chinese Courts written by 信春鹰 and published by . This book was released on 2004 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Embedded Courts written by Kwai Hang Ng and published by Cambridge University Press. This book was released on 2017-10-26 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Embedded Courts is laden with tension. Chinese courts are organized as a singular and unified system yet grassroots courts in urban and rural regions differ greatly in the way they use the law and are as diverse as the populations they serve. Based on extensive fieldwork and in-depth interviews, this book offers a penetrating discussion of the operation of Chinese courts. It explains how Chinese judges rule and how the law is not the only script they follow - political, administrative, social and economic factors all influence verdicts. This landmark work will revise our understanding of the role of law in China - one that cannot be easily understood through the standard lens of judicial independence and separation of powers. Ng and He make clear the struggle facing frontline judges as they bridge the gap between a rule-based application of law and an instrumentalist view that prioritizes stability maintenance.
Download or read book Judicial Independence in China written by Randall Peerenboom and published by Cambridge University Press. This book was released on 2009-11-23 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume challenges the conventional wisdom about judicial independence in China and its relationship to economic growth, rule of law, human rights protection, and democracy. The volume adopts an interdisciplinary approach that places China's judicial reforms and the struggle to enhance the professionalism, authority, and independence of the judiciary within a broader comparative and developmental framework. Contributors debate the merits of international best practices and their applicability to China; provide new theoretical perspectives and empirical studies; and discuss civil, criminal, and administrative cases in urban and rural courts. This volume contributes to several fields, including law and development and the promotion of rule of law and good governance, globalization studies, neo-institutionalism and studies of the judiciary, the emerging literature on judicial reforms in authoritarian regimes, Asian legal studies, and comparative law more generally.
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 511 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 The Power of the Supreme People s Court written by Ding Qi and published by Routledge. This book was released on 2019-08-09 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the recent development of the Supreme People’s Court of China, the world’s largest highest court. Recognizing that its approach to exercising power in an authoritarian context has presented a challenge to the understanding of judicial power in both democratic and non-democratic legal settings, it captures the essence of the Court through its institutional design as well as functional practice. It argues that regardless of the deep-seated political and institutional constraints, the Court has demonstrated a highly pragmatic interest in fulfilling its primary functions and prudently expanding judicial power in the context of reform-era China. This notwithstanding, it also discusses how the Court’s incompetence and reluctance to challenge the bureaucratism and politicization suggests that the call for an impartial and authoritative judicial power will continue to be jeopardized while the Court operates in the shadow of Party authority and lacks meaningful checks and balances. Drawing on the experience of the Court, this book reflects on some deep-rooted misunderstandings of legal development in China, providing a source of inspiration for reconceptualizing the internal logic of a distinct category of judicial power.
Download or read book Administration of Justice in Chinese and Extraterritorial Courts in China written by United States. Department of State. Division of Far Eastern Affairs and published by . This book was released on 1925 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A General Statement of the Present Conditions of the Chinese Judiciary written by Commission on Extraterritoriality in China and published by . This book was released on 1925 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Understanding Chinese Courts and Legal Process Law with Chinese Characters written by Ronald Brown and published by Springer. This book was released on 1997-08-28 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: 3. Police Law (1995)
Download or read book Selected Cases from the Supreme People s Court of the People s Republic of China written by Law Press China for and published by Springer Nature. This book was released on 2019-11-08 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book China Court written by Rumer Godden and published by Open Road Media. This book was released on 2016-12-13 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: A New York Times–bestselling novel of the lives, loves, and foibles of five generations of a British family occupying a manor house in Wales. For nearly one hundred and fifty years the Quin family has lived at China Court, their magnificent estate in the Welsh countryside. The land, gardens, and breathtaking home have been maintained, cherished, and ultimately passed along—from Eustace and Adza in the early nineteenth century to village-girl-turned-lady-of-the-manor Ripsie Quin, her children, and her granddaughter, Tracy, in the twentieth. Brilliantly intermingling the past and the present, China Court is a sweeping family saga that weaves back and forth through time. The story begins at the end, in 1960, with the death of the indomitable Ripsie, whose dream of a life at the grand estate was realized through her marriage to the steadfast Quin brother who loved her—though he wasn’t the one she had always loved. With thrilling literary leaps across the decades, the story of a British dynasty is told in enthralling detail. It is a chronicle of wives and husbands; of mothers, sons, and daughters; of those who could never stray far from the lush grounds of China Court and the outcasts and outsiders who would never truly belong. Bearing comparison to One Hundred Years of Solitude by Gabriel García Márquez, Rumer Godden’s novel relates the history of a family with sensitivity, wit, compassion, and a compelling touch of magical realism. A family’s loves, pains, triumphs, and scandals are laid bare, forming an intricate tapestry of heart-wrenching humanity, in a remarkable work of fiction from one of the most acclaimed British novelists of the twentieth century. This ebook features an illustrated biography of the author including rare images from the Rumer Godden Literary Estate.
Download or read book Supreme Courts in Transition in China and the West written by Cornelis Hendrik (Remco) van Rhee and published by Springer. This book was released on 2017-02-20 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume looks at supreme courts in China and the West. It examines the differences and similarities between the Supreme People’s Court of Mainland China and those that follow Western models. It also offers a comparative study of a selection of supreme courts in Europe and Latin America. The contributors argue that the Supreme Courts should give guidance to the development of the law and provide legal unity. For China, the Chinese author argues, that therefore there should be more emphasis on the procedure for reopening cases. The chapters on Western-style supreme courts argue that there should be adequate access filters; the procedure of reopening cases is considered to be problematic from the perspective of the finality of the administration of justice. In addition, the authors discuss measures that allow supreme courts in both regions to deal with their existing caseload, to reduce this caseload, and to avoid divergences in the case law of the supreme court. This volume offers ideas that will help supreme courts in both the East and the West to remove unmanageable caseloads. As a result, these courts will be better able to assist in the interpretation and clarification of the law, to provide for legal unity, and to give guidance to the development of the law.
Download or read book The Art of Trial Process written by Kai Yang and published by Springer Nature. This book was released on 2020-08-06 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the reality of China’s modern judiciary, systematically demonstrating and discussing the judicial philosophy and judicial ethics as applied by Chinese courts and judges. In order to illustrate the methods of jurisprudence and sociology of law in the context of China’s judicial practice and practicability of applicable laws, it also addresses judicial methodology and Chinese judges' trial methods. Based on comparative study and aiming at global judicial reform, the book provides valuable guidance and insights for readers pursuing a detailed understanding of modern Chinese judiciary, Chinese judges and Chinese rule of law. The book is intended to primarily serve the need of legal professionals around the world, in particular those who are interested in China’s judicial system.
Download or read book Chinese Courts and Criminal Procedure written by Björn Ahl and published by Cambridge University Press. This book was released on 2021-07-08 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume investigates questions linking institutional changes within the court system and legal environment with developments in criminal procedure law.
Download or read book Court Delay and Law Enforcement in China written by Qing-Yun Jiang and published by Springer Science & Business Media. This book was released on 2008-05-15 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Qing-Yun Jiang shows that court delay is not a serious problem in the lower courts in respect to trial cases, but mainly in appeal cases and retrial cases, which require more time. The author confirms that law enforcement has been an obstacle for the development of market economy and a bottleneck of the judiciary and he concludes that judicial reform should not only deal with symptoms, but with the roots of the political and economic structure.
Download or read book China s Courts and Concubines written by Bernard Llewellyn and published by Routledge. This book was released on 2018-10-10 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, first published in 1956, contains the stuff of other people’s memories. Thus you will read of magicians and immortals; of dragons and pills of eternal life; of generals and eunuchs; of emperors and poets; of palaces and concubines. The author has made nothing up; if there are liars along the route, they were there before he came along. The study of stories and ballads from deep in a country’s past can tell a reader much about the present-day culture of a society; this is surely true with these tales from China’s history.
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 Law Without Lawyers Justice Without Courts written by Bee Chen Goh and published by Routledge. This book was released on 2016-12-05 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Chinese have, since ancient times, professed a non-litigious outlook. Similarly, their preference for mediation has fascinated the West for centuries. Mediation has been popularized by the Chinese who subscribe to the Confucian notions of harmony and compromise. It has been perpetuated in the People's Republic of China and by the overseas Chinese communities elsewhere, such as in Malaysia and Taiwan. Seen as the chief contributing factor in their litigation-averse nature, as well as the reason behind the significant role given to traditional mediation, this compelling book traces the cultural tradition of the Chinese. It uses rural Chinese Malaysians as illustrative examples and offers new insights into the nature of mediation East and West. It is an important reference and essential resource for anyone keen to learn about traditional Chinese concepts of law, justice and dispute settlement. Equally, it makes a unique contribution to the existing ADR literature by undertaking a socio-legal study on traditional Chinese mediation.
