Download or read book Chinese Law of Personality Rights II written by Wang Liming and published by Taylor & Francis. This book was released on 2022-09-30 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is a collection of articles on the codification experience of China’s Law of Personality Rights, explaining the design of the Law as well as its innovations. As the second volume of a two-volume set that elucidates the theory, practice, and codification of the Law in China, the book explains the legal advancement of the Law of Personality Rights as a standalone part of the Civil Code of China. This includes innovative legislative thinking, law system arrangements, rule designs, and a systematic refinement of the provisions of personality rights in terms of nature, system, types, content, exercising rules and protection methods. Regarding the implementation of the Law, the book points out that personality rights are changing with the times so a more complete system of legal interpretation should be built. The final three chapters are appraisals of different versions of the draft law, with amendments to some articles advanced based on shortcomings and omissions. The book will be an essential reference to scholars and students studying civil law, continental law, Chinese law, and the legal protection of personality rights.
Download or read book Chinese Law of Personality Rights I written by Wang Liming and published by Taylor & Francis. This book was released on 2022-07-29 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is a collection of up-to-date, authoritative essays on China’s Law of Personality Rights, its impact in practice and its legal background. The Law of Personality Rights was enacted in China in May 2020, the first time that the Law has been legislated as an independent part of the Civil Code of the People's Republic of China, marking an unprecedented step in protecting the personality rights of citizens. As the first volume of a two-volume set that elucidates the theory, practice and codification experience of the Law in China, the book examines the basis for the Law as a standalone part of the Civil Code, its overall framework and the delimitation and formation of the Law. In terms of practical aspects, the contributors delve into institutional arrangements, the relationship between human rights and personality rights, and the relationship with laws on tort liability, as well as those pertaining to marriage and the family. The book will be an essential reference to scholars and students studying civil law, continental law, Chinese law and the legal protection of personality rights.
Download or read book Chinese Law of Personality Rights II written by Wang Liming and published by Routledge. This book was released on 2024-05-27 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is a collection of articles on the codification experience of China's Law of Personality Rights, explaining the design of the Law as well as its innovations. As the second volume of a two-volume set that elucidates the theory, practice, and codification of the Law in China, the book explains the legal advancement of the Law of Personality Rights as a standalone part of the Civil Code of China. This includes innovative legislative thinking, law system arrangements, rule designs, and a systematic refinement of the provisions of personality rights in terms of nature, system, types, content, exercising rules and protection methods. Regarding the implementation of the Law, the book points out that personality rights are changing with the times so a more complete system of legal interpretation should be built. The final three chapters are appraisals of different versions of the draft law, with amendments to some articles advanced based on shortcomings and omissions. The book will be an essential reference to scholars and students studying civil law, continental law, Chinese law, and the legal protection of personality rights.
Download or read book The Chinese Civil Code in the Global Legal Order written by Mauro Bussani and published by BRILL. This book was released on 2024-08-06 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers a unique, comprehensive view of the contents, context and potential of the Civil Code that in 2021 entered into force in the People’s Republic of China. The twenty-three essays herein collected, authored by distinguished Chinese and non-Chinese scholars, describe inner and outer perceptions about the Chinese Civil Code and analyze its likely impact within and outside the country. In so doing, they shed light not only on the comparative origins of current Chinese rules, but also on the potential influence that these rules may have in comparative terms in the future.
Download or read book The Legal Protection of Personality Rights written by Ken Oliphant and published by BRILL. This book was released on 2018-04-24 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to investigate the way in which personality rights are protected in China through a comparative and cross-cultural lens drawing on perspectives from Europe and elsewhere in the world. Currently, the question whether or not to incorporate a special law on personal rights – the right to life, the right to health, and the rights to reputation and privacy – into a future Chinese Civil Code is heatedly debated in the Chinese legal community. The essential topics that are addressed in this book include general issues of personality rights, personality rights in Constitutional law, personality rights in private law, the legislative development of personality rights in China, case studies of the right to privacy, personality rights in the mass media and the internet, competition law aspects of the right of publicity, the protection of patients’ personal information, and personality rights in the family context. The book offers a broad investigation of personality rights protection in both China and Europe and provides the first substantive comparison of the Chinese and European regimes. The project is conceived as a joint effort on the part of a carefully chosen team of Chinese and European academics, working closely together. The team consists of both senior scholars and young researchers led by well-known experts in the field of comparative tort law.
Download or read book The Civil Code of the People s Republic of China written by Durham Law School and published by BRILL. This book was released on 2021-10-18 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: This contribution provides the important and timely bilingual version of the Chinese Civil Code and the Supreme People’s Court’s Judicial Interpretation of the Temporal Effect of the Civil Code. Providing translations by a diverse group of esteemed legal scholars, on Contract Law, Tort Law, Marriage, Family and Succession Law, General and Personality Provisions and Property Law, this unique resource will be important for all those with an interest in Chinese Law.
Download or read book China s Legal System written by Jingwen Zhu and published by Springer Nature. This book was released on 2023-03-01 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a systematic and detailed introduction to the formation process and current development of China's socialist legal system. The classification of the constitution and constitution-related laws, criminal law, civil and commercial law, administrative law, economic law, litigation and non-litigation procedural law, social law, and the specifics of each sector of law are explained, which is a good guide for understanding the framework of China's legal system and the study of each sector of jurisprudence.
Download or read book Towards a Chinese Civil Code written by Lei Chen and published by Martinus Nijhoff Publishers. This book was released on 2012-11-13 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: Currently, China is drafting its new Civil Code. Against this background, the Chinese legal community has shown a growing interest in various legal and legislative ideas from around the world. "Towards a Chinese Civil Code" aims at providing the necessary historical and comparative legal perspectives. The book addresses the following topics: property law, contract law, tort law and civil procedure.
Download or read book Chinese Private International Law written by Xiaohong Liu and published by Bloomsbury Publishing. This book was released on 2021-04-22 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written with the assistance of a team of lecturers at the Shanghai University of Political Science and Law, this book is the leading reference on Chinese private international law in English. The chapters systematically cover the whole of Chinese private international law, not just questions likely to arise in commercial matters, but also in family, succession, cross-border insolvency, intellectual property, competition (antitrust), and environmental disputes. The chapters do not merely cover the traditional conflict of law areas of jurisdiction, applicable law (choice of law), and enforcement. They also look into conflict of law questions arising in arbitration and assess China's involvement in the harmonisation of private international law globally and regionally within the Belt and Road Initiative. Similarly to the Japanese and Indonesian volumes in the Series, this book presents Chinese conflict of laws through a combination of common and civil law analytical techniques and perspectives, providing readers worldwide with a more profound and comprehensive understanding of Chinese private international law.
Download or read book Human Dignity in Asia written by Jimmy Chia-Shin Hsu and published by Cambridge University Press. This book was released on 2022-09-15 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using interdisciplinary methods, this book is a pioneering exploration of Asian understandings of human dignity and human rights. It encompasses rigorous scrutiny of dignity jurisprudence in major Asian apex courts, detailed philosophical analysis of dignity in religious traditions, and contextualized socio-political analysis of religious dignity discourse in several Asian societies. This is an innovative systematic survey of how human dignity is understood in Asia, demonstrating how those understandings converge and diverge with other parts of the world. Synthesising legal, philosophical, and sociological expertise, this volume furthers the dialogue between Asia and the West, and advances debates on whether human rights are universal or particular to any one region. As many of the world's liberal democracies are challenged by polarization and populism, this comparative study of human dignity broadens our horizons and offers a potential alternative to a rigidified social imagination.
Download or read book Chinese Law and Its International Projection written by Maria Francesca Staiano and published by Springer Nature. This book was released on 2023-03-22 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to explore the construction of Chinese law, with an evolution that has been strongly inspired by international law that has functioned as a "pioneer of legal civilization" in China. Chinese law is a fluid sedimentation of traditional elements of Chinese culture and the internalization of external elements. The internal dimension of Chinese legal evolution therefore coincides with a progressive incursion also at the international level, questioning the traditional rules of international relations. The most relevant and comprehensive concept that has been proposed by China in recent years is certainly the idea of building a "community of shared future for mankind." This aspiration demonstrates a global and integral vocation of international law capable of embracing relations of a new type, towards a multi-polar democratization of international relations, which mark the need for the beginning of a new era.
Download or read book Paradigm Shifts in Chinese Studies written by Shiping Hua and published by Springer Nature. This book was released on 2022-02-06 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a study of the change and continuity in paradigms in China studies, both inside and outside of China. In the last few years, the United States and China appeared to be moving in the direction of “de-coupling,” indicating that the engagement policy with China in the last four decade is ending. The “modernization theory” that is the theoretical foundation of the engagement policy has proved to be insufficient. This situation calls for a reexamination of the field of China studies. Historically, scholarly paradigms shifts often went hand in hand with drastic social change. As we have entered an era of great uncertainty, it is constructive to reflect on the paradigms in China studies in the past and explore the possibility of new paradigms in the future. How are the shifts of major theories, methods and paradigms in China studies in the west related to social change? How did some of China’s paradigms impact on the country’s social change and developments? This book will appeal to a wide readership, including scholars and graduate students, upper division undergraduate students of China studies, Asian studies.
Download or read book Private International Law in BRICS written by Stellina Jolly and published by Bloomsbury Publishing. This book was released on 2024-08-08 with total page 671 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the convergences, divergences and reciprocal lessons that the BRICS countries (Brazil, Russia, India, China and South Africa) share with one another in developing the principles of private international law. The chapters provide a thematic understanding of the cornerstones of private international law in each of the BRICS countries: namely, (1) the procedure to initiate claims in civil and commercial matters, (2) the law that would govern such matters in litigation and arbitration, as well as (3) the mechanism to recognise and enforce foreign judgments and arbitral awards. Written by leading private international law scholars and practitioners, the chapters draw on domestic legislation and its interpretation through cases decided by the courts in each of these emerging economies, and explicitly cover the rules applicable in contractual and non-contractual concerns and issues of choice of court agreements. Issues around marriage, divorce, matrimonial property, succession and surrogacy are also addressed, considering the implication of such aspects through the increased movement of persons. The book is a useful comparative resource for the governments of the BRICS countries, legislators, traders, academics, researchers and students looking for an in-depth discussion of the reciprocal lessons that these countries may have to offer one another on these issues.
Download or read book Privacy and Data Protection Law in China written by Chengxin Peng and published by Kluwer Law International B.V.. This book was released on 2024-02-18 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical guide to privacy and data protection law in China covers every aspect of the subject, including the protection of private life as a fundamental – constitutional – right, the application of international and/or regional conventions protecting the right to privacy, privacy rights in the context of electronic communications or at the workplace, and the protection of individuals regarding the processing of personal data relating to them. Following a general introduction about the country, the monograph assembles its information and guidance in two parts: (1) protection of privacy, including national case law regarding the protection of this fundamental right, specific legislation on the confidentiality of interpersonal communications, and sector-specific rules regarding privacy protection, such as privacy rights of employees, patients, consumers or celebrities; (2) personal data protection, including not only general rules on data quality, legitimate processing, data retention, data subject rights, security and accountability, but also specific provisions regarding the processing of health data or other sensitive personal information, further processing for research purposes, exemptions for law enforcement or national security purposes, and rules regarding liabilities, sanctions and redress.
Download or read book The Law of Unjust Enrichment in China Necessary or Not written by Siyi Lin and published by Springer Nature. This book was released on 2022-08-30 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first book focusing on the Chinese law of unjust enrichment in English and introducing it to Western jurisdictions. Unjust enrichment is currently one of the most controversial areas of law in many jurisdictions and rife with academic debate. This book analyzes the historical evolution, current doctrines, and relationships of unjust enrichment with other areas of private law in China. It also provides insights into judicial practice. In May 2020, China promulgated its first-ever Civil Code since the establishment of the People's Republic of China, which is a milestone in the history of Chinese law. Before the Civil Code, there was only one legal provision regulating unjust enrichment, which requires a person obtaining benefits “without a legal basis” to return such benefits. However, the new Civil Code contains a separate chapter regulating unjust enrichment. This book analyzes and evaluates those new provisions in the Civil Code to provide a most up-to-date analysis of the Chinese law of unjust enrichment.
Download or read book Discrimination Vulnerable Consumers and Financial Inclusion written by Cătălin-Gabriel Stănescu and published by Routledge. This book was released on 2020-12-28 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the questions of discrimination, vulnerable consumers, and financial inclusion in the light of the emerging legal, socioeconomic, and technological challenges. New technologies – such as artificial intelligence-driven consumer credit risk assessment and Fintech platforms, the changing nature of vulnerability due to the ongoing COVID-19 pandemic, as well as the sophistication of digital technologies, which help circumvent legal barriers and protections – necessitate the continuous study of the existing legal frameworks and measures that are capable of tackling these challenges. Organized in two major parts, the first addresses, from multiple national angles, the idea of a human rights approach to consumer law, in order to replace the mantra of economic efficiency that characterizes financial services with those of human dignity and freedom from discrimination and from debt-induced servitude. The second tackles the challenges posed by increased usage of technology in connection with financial services, which tends to solve, but also creates, additional issues for consumers in general, and for vulnerable groups in particular.
Download or read book Renmin Chinese Law Review written by Shi, Jichun and published by Edward Elgar Publishing. This book was released on 2022-07-22 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Renmin Chinese Law Review, Volume 9 is the ninth work in a series of annual volumes on contemporary Chinese law which bring together the work of well-known scholars from China, offering an insight into current legal research in China.
