Download or read book Insight Into China Through Comparative Law Analysis of Invisible Factors and Contexts Common Law V Chinese Law written by Dr Vivek Jain and published by Notion Press. This book was released on 2019-06-28 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: In times of global uncertainty and trade war, this book can fulfill the gap in existing knowledge about China... China, the economic powerhouse, is on the mind of many in the 21st century due to projects such as Belt & Road Initiative (BRI) and probably the dispute resolution system for projects under BRI. This is probably the first book in the world that has analysed the law in action in the Chinese courts with civil justice process in the background. In any jurisdiction, the civil justice system is run by judges, and therefore, the understanding of the thought process of Chinese judges become very important. The thought process of Chinese judges is dependent on the legal history, current political philosophy, evolution of legal jurisprudence, evolution of law and various norms and customs, evolution of the concept of justice and procedural fairness, a concept of discretionary power of the judges and even their willingness to exercise those powers, civil procedure law and its practice and so forth. The above factors are the invisible factors and contexts that are compared with similar invisible factors and contexts from a more widespread Common Law via Comparative Law Methodology. The concepts from civil law jurisdictions are also brought in the analysis at times to get a clear essence. Many stakeholders focus on the hardware of the legal system, but it's the software of the legal system that makes all the difference for substantive and procedural justice. In any jurisdiction, a civil justice system is a mirror image of any society. This book can even shed light on the Chinese society, its legal system, legal history, culture and philosophy and how it compares with the contemporaneous societies within the other common law jurisdictions.
Download or read book Insight Into China Through Comparative Law Analysis of Invisible Factors and Contexts written by Vivek (Legal consultant) Jain and published by . This book was released on 2019 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Comparative Perspectives on the Chinese Civil Code written by Meiling Huang and published by Taylor & Francis. This book was released on 2024-03-05 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comparative analysis of Chinese property law as depicted in the newly enacted Chinese Civil Code. The Chinese Civil Code, the first civil code in the history of the People’s Republic of China, was enacted as law in May 2020. Reflecting the growing interest in this code and its provisions to scholars of codification and of comparative private law, it has already been translated into English, German, and Italian. Chinese property law has both local and global features, and this comparative study offers a channel through which to understand Chinese property law, by highlighting both its similarities and differences from other property systems. Broadly speaking, the book brings together two approaches. The first comprises a comprehensive discussion of aspects of Chinese property law, such as ownership, property rights, and secured transactions. The second consists of perspectives from other jurisdictions and provides an assessment of Chinese property law based on other property systems. Containing contributions by both distinguished and young scholars, who are experienced in comparative property law research, the book offers a unique insight into the Chinese Civil Code and, through it, how extra-civilian elements are embodied in a fundamentally civilian legal system. This book will appeal to scholars and students of property law, comparative law, and others with specific interests in law and politics in China.
Download or read book Chinese Law Context and Transformation written by Jianfu Chen and published by Martinus Nijhoff Publishers. This book was released on 2015-12-22 with total page 792 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the historical and politico-economic context in which Chinese law has developed and transformed, focusing on the underlying factors and justifications for changes. It attempts to sketch the main trends in legal modernisation in China.
Download or read book Comparative Analysis of Interim Measures Interim Remedies England Wales v Preservation Measures China written by Vivek Jain and published by Taylor & Francis. This book was released on 2022-05-30 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interim remedies and provisional measures are a critical component of civil/commercial litigation and arbitration. The objective of this book is to set out not just the law and practice in relation to the primary interim remedies and preservation measures available in England & Wales and China, but also to provide the comparative analysis between the two jurisdictions concerning these interim measures. The system for interim remedies in England & Wales is well-established, but preservation measures in China are a work in progress and many differences exist between the two legal systems, both in terms of theory and practice. For example, China does not recognise the general concept of interim measures, if looked at from the English law point of view, though it does have similar concepts of Property preservation, evidence preservation and behaviour preservation. China has recently adopted Chinese Civil Code 2020 and in writing this book the authors have incorporated all the relevant elements from the new Code. There is no equivalent of Practice Directions in China, and this book provides provide much needed clarity on this area, drawing together the law and guidance which is presently scattered across numerous local courts in the different provinces. This is an important book that is likely to have a significant impact on existing scholarship regarding interim remedies in England, Wales and China, and be of interest of all parties involved in cross-border litigation. Its readership will include industry professionals, academics, policy-makers and government officials.
Download or read book Chinese Contract Law written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2017-10-26 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
Download or read book Is International Law International written by Anthea Roberts and published by Oxford University Press. This book was released on 2017 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality. Pulling back the curtain on the "divisible college of international lawyers," Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea. Not all approaches to international law are created equal, however. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the "international." This point holds true for Western actors, materials, and approaches in general, and for Anglo-American (and sometimes French) ones in particular. However, these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others -- an essential skill in this fast changing world of shifting power dynamics and rising nationalism.
Download or read book China s Influence on Non Trade Concerns in International Economic Law written by Paolo Davide Farah and published by Routledge. This book was released on 2016-10-14 with total page 695 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the range of Non-Trade Concerns (NTCs) that may conflict with international economic rules and proposes ways to protect them within international law and international economic law. Globalization without local concerns can endanger relevant issues such as good governance, human rights, right to water, right to food, social, economic, cultural and environmental rights, labor rights, access to knowledge, public health, social welfare, consumer interests and animal welfare, climate change, energy, environmental protection and sustainable development, product safety, food safety and security. Focusing on China, the book shows the current trends of Chinese law and policy towards international standards. The authors argue that China can play a leading role in this context: not only has China adopted several reforms and new regulations to address NTCs; but it has started to play a very relevant role in international negotiations on NTCs such as climate change, energy, and culture, among others. While China is still considered a developing country, in particular from the NTCs’ point of view, it promises to be a key actor in international law in general and, more specifically, in international economic law in this respect. This volume assesses, taking into consideration its special context, China’s behavior internally and externally to understand its role and influence in shaping NTCs in the context of international economic law.
Download or read book Social Science Research written by Anol Bhattacherjee and published by CreateSpace. This book was released on 2012-04-01 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is designed to introduce doctoral and graduate students to the process of conducting scientific research in the social sciences, business, education, public health, and related disciplines. It is a one-stop, comprehensive, and compact source for foundational concepts in behavioral research, and can serve as a stand-alone text or as a supplement to research readings in any doctoral seminar or research methods class. This book is currently used as a research text at universities on six continents and will shortly be available in nine different languages.
Download or read book The Theory of Justice written by Rudolf Stammler and published by . This book was released on 1925 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Beyond East and West written by John C.H. Wu and published by University of Notre Dame Pess. This book was released on 2018-02-28 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: When John C. H. Wu’s spiritual autobiography Beyond East and West was published in 1951, it became an instant Catholic best seller and was compared to Thomas Merton’s The Seven Storey Mountain, which had appeared four years earlier. It was also hailed as the new Confession of St. Augustine for its moving description of Wu’s conversion in 1937 and early years as a Catholic. This new edition, including a foreward written by Wu’s son John Wu, Jr., makes this profoundly beautiful book by one of the most influential Chinese lay Catholic intellectuals of the twentieth century available for a new generation of readers hungry for spiritual sustenance. Beyond East and West recounts the story of Wu’s early life in Ningpo, China, his family and friendships, education and law career, drafting of the constitution of the Republic of China, translation of the Bible into classical Chinese in collaboration with Chinese president Chiang Kai-Shek, and his role as China’s delegate to the Holy See. In passages of arresting beauty, the book reveals the development of his thought and the progress of his growth toward love of God, arriving through experience at the conclusion that the wisdom in all of China’s traditions, especially Confucian thought, Taoism, and Buddhism, point to universal truths that come from, and are fulfilled in, Christ. In Beyond East and West, Wu develops a synthesis between Catholicism and the ancient culture of the Orient. A sublime expression of faith, here is a book for anyone who seeks the peace of the spirit, a memorable book whose ideas will linger long after its pages are closed.
Download or read book China s Grand Strategy written by Andrew Scobell and published by Rand Corporation. This book was released on 2020-07-27 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: To explore what extended competition between the United States and China might entail out to 2050, the authors of this report identified and characterized China’s grand strategy, analyzed its component national strategies (diplomacy, economics, science and technology, and military affairs), and assessed how successful China might be at implementing these over the next three decades.
Download or read book State and Market in Contemporary China written by Scott Kennedy and published by Rowman & Littlefield. This book was released on 2016-03-22 with total page 69 pages. Available in PDF, EPUB and Kindle. Book excerpt: The short essays in this volume, contributed by leading experts on Chinese economic policy, provide crisp and insightful analyses of the Chinese state's approach toward markets, the role of key actors and institutions, the evolving nature of industrial policy and the effectiveness of China’s international commitments to constrain such practices, and a preview of the likely contents and significance of China’s 13th Five-Year Plan.
Download or read book Essays in Jurisprudence and Legal Philosophy written by Ching-hsiung Wu and published by . This book was released on 1938 with total page 732 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Methods of Comparative Law written by P. G. Monateri and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprising an array of distinguished contributors, this pioneering volume of original contributions explores theoretical and empirical issues in comparative law. The innovative, interpretive approach found here combines explorative scholarship and research with thoughtful, qualitative critiques of the field. The book promotes a deeper appreciation of classical theories and offers new ways to re-orient the study of legal transplants and transnational codes. Methods of Comparative Law brings to bear new thinking on topics including: the mutual relationship between space and law; the plot that structures legal narratives, identities and judicial interpretations; a strategic approach to legal decision making; and the inner potentialities of the 'comparative law and economics' approach to the field. Together, the contributors reassess the scientific understanding of comparative methodologies in the field of law in order to provide both critical insights into the traditional literature and an original overview of the most recent and purposive trends. A welcome addition to the lively field of comparative law, Methods of Comparative Law will appeal to students and scholars of law, comparative law and economics. Judges and practitioners will also find much of interest here.
Download or read book Interpreting China s Grand Strategy written by Michael D. Swaine and published by Rand Corporation. This book was released on 2000-03-22 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: China's continuing rapid economic growth and expanding involvement in global affairs pose major implications for the power structure of the international system. To more accurately and fully assess the significance of China's emergence for the United States and the global community, it is necessary to gain a more complete understanding of Chinese security thought and behavior. This study addresses such questions as: What are China's most fundamental national security objectives? How has the Chinese state employed force and diplomacy in the pursuit of these objectives over the centuries? What security strategy does China pursue today and how will it evolve in the future? The study asserts that Chinese history, the behavior of earlier rising powers, and the basic structure and logic of international power relations all suggest that, although a strong China will likely become more assertive globally, this possibility is unlikely to emerge before 2015-2020 at the earliest. To handle this situation, the study argues that the United States should adopt a policy of realistic engagement with China that combines efforts to pursue cooperation whenever possible; to prevent, if necessary, the acquisition by China of capabilities that would threaten America's core national security interests; and to remain prepared to cope with the consequences of a more assertive China.
Download or read book China s Military Civil Fusion Strategy written by Alex Stone (Of BluePath Labs) and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
