Download or read book Judicial Review of Administration in the People s Republic of China written by Jyh-pin Fa and published by . This book was released on 1992 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Comparative Study of Judicial Review in the People s Republic of China and in Certain Other Jurisdictions written by Mei Hong and published by . This book was released on 1992 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this thesis is to challenge China's administrative law both in its practice and in its theory and to propose further reform by a comparative study of other models. -- The key point of judicial review is that it is an independent judicial check over administrative actions. This is both for the purpose of protecting the individual's rights and for the promotion of good administration. Based on this concept, this thesis begins with a discussion of whether judicial review existed or exists in China by examining China's legal history and certain contemporary issues. I conclude that the idea of judicial review was introduced into China around 1914, a separate Administrative Court was set up in 1932 and abolished in 1949. The concept of judicial review was re-introduced in China in 1982, but only partly so since the People's Court has no power to invalidate delegated legislation. Through an historical study of Chinese law, it can be seen that judicial review did not have any chance of survival in imperial China. This is because there was no recognition of a separation of powers, little independence of the judiciary and an ignorance of the concept of the rule of law. These principles are the essence of the necessary pre-conditions for a successful system of judicial review. -- How to solve the problem? Learning from the experience of other countries will be a great benefit to China. In particular, after 1997, Hong Kong will be a special administrative region of the PRC, but will retain the common law. There will be possibilities of conflict between the two different legal systems, and Hong Kong has therefore been chosen as the first model, followed by the English model on which it is based and then the US model is discussed. There is a brief study of pre-conditions for judicial review in France, as well as some socialist countries, such as Poland and the USSR.
Download or read book Constitutional Courts in Asia written by Hongyi Chen and published by Cambridge University Press. This book was released on 2018-09-20 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.
Download or read book Dispute Resolution in the People s Republic of China written by Zhiqiong June Wang and published by BRILL. This book was released on 2019-12-02 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive and contextual analysis of the various methods of civil dispute resolution in the PRC. The approach to analysis is historical, comparative and socio-legal.
Download or read book Implementation of Law in the People s Republic of China written by Jianfu Chen and published by Martinus Nijhoff Publishers. This book was released on 2002-05-29 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: Factors: Jan Michiel Otto.
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. This book was released on 2020-11-26 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 Opinions of the Supreme People s Court written by Nanping Liu and published by . This book was released on 1997 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing practitioners with a practical guide to judicial systems in the People's Republic of China, this text examines the role of the judiciary in the Chinese legal system. It does this mainly through opinions published in the official publication of the Supreme People's Court (SPC) - The Gazette. The role of the SPC in interpreting and implementing the legislation of the People's Republic of China is examined, highlighting the importance of The Gazette. A discussion of the rule of law and the principles of an independent administration is also included. This guide should be of use to practitioners who need to understand legislative and judicial processes in the People's Republic of China.
Download or read book Building a Government Based on the Rule of Law written by Huaide Ma and published by Springer. This book was released on 2018-11-07 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive assessment of the successes and failures in China’s current legal system construction. It systematically and comprehensively examines the development of China’s rule of law policy since the reform and opening up, as well as future trends. The main areas covered include: The course, achievements and motivation behind China’s construction of law-based administration; Development, status quo and general characteristics of administrative legislation; Reform of the administrative examination and approval system and the administrative licensing system; The relationship between social security system reform, beneficial administration and service government; The development of administrative law in China; Origin of the concept of due process, experiences with and development trends concerning China’s administrative legislative procedure; The importance of government information, open practices, problems and development trend; History, current situation, reform mechanism of the emergency management system and the improvement of the legal system for emergency requisitions; The course, practical problems in and reasons for the enhanced approach of administrative reconsideration system; The course, achievements in, current situation and enhanced approach of administrative litigation system; The course of the national compensation system; and the construction of responsible government and administrative accountability system.
Download or read book Rule of Law in China written by Lin Li and published by Springer. This book was released on 2019-07-30 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume summarizes the achievements on rule of law in China for the ten years from 2002 to 2012, particularly focusing on areas such as judicial review, anti-monopoly, reform of government agencies, the circulation of rural Land contracted management rights, and the protection of children’s rights. It also considers the prospects for rule of law in China in the future. With numerous tables and screenshots to illustrate the text and provide a comprehensive overview and insights into China’s rule of law establishment, it appeals to readers interested in judicial reform, rural medical service, children’s rights protection and anti-monopoly.
Download or read book Technical Assistance to the People s Republic of China for Support to the Review and Planning for Development of the Legal and Judicial System written by Asian Development Bank and published by . This book was released on 2003 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judicial Review in China written by Eric C. Ip and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article uses a Positive Political Economy approach to understand the development of judicial review of agency decisions in China, where formal legal institutions are often supposed irrelevant to administrative governance. This article demonstrates that, although the National People's Congress has tried to limit the competence of courts to exercise judicial review, the Supreme People's Court has deftly circumvented it by handing down expansive readings of administrative statutes, thus maximizing the judiciary's interests and using its superior legal expertise to lend the State Council (the Chinese executive) supplementary oversight mechanisms for reining in defiant agents. Counter-intuitively, given its origins as an instrument of the National People's Congress and the Party-State security apparatus, the Supreme People's Court has been acting with considerable autonomy to influence an ever-widening range of policy domains by strategically manipulating the decision costs of local bureaucratic agencies that take decisions contrary to the policy preferences of their State Council principals. The emergence of Administrative Judicial Interpretations, the Court's policy vehicle of choice, embodies a strategic partnership between the Court and the State Council based on specialization and common interest, often at the expense of the legislature.
Download or read book A New Study on the Judicial Administrative System with Chinese Characteristics written by Yong'an Ren and published by Springer Nature. This book was released on 2020-05-13 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive introduction to China’s judicial administration system. It presents in-depth analyses of the country’s current judicial administration system, as well as a new theory on the system that is based on the realities of today’s China, and provides guidance on reform. The book examines the system as a whole, as well as various specific aspects of judicial administration, putting forward bold theoretical proposals for improving China’s judicial administration system and judicial system in general.
Download or read book The China Legal Development Yearbook Volume 1 written by Yuwen W. Li and published by BRILL. This book was released on 2008-08-18 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This first English volume of The China Legal Development Yearbook features reports on and analyses of a wide range of topics vital to the development of China's legal system, including: criminal law, judicial administration, labor regulations, environmental law, public health law, and issues of corruption. The yearbook is edited by the Institute of Law at the Chinese Academy of Social Sciences, and also includes contributions from practitioners within the Chinese legal system.
Download or read book China s Legal Reforms and Their Political Limits written by Ingrid Hooghe and published by Routledge. This book was released on 2012-12-06 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents new insights into recent changes in China's legal framework in areas crucial to the modernisation process. Topics include law reform to accommodate foreign interests and convert China to a market economy, the judicial system and its treatment of human rights issues, the introduction of non-tariff barriers for foreign companies, and the current privatisation process.
Download or read book The China Legal Development Yearbook Volume 2 written by Yuwen W. Li and published by BRILL. This book was released on 2009-03-16 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of the China Legal Development Yearbook is the second in a series of annual reports written by leading Chinese law and legal policy scholars and judges. It is edited by the Institute of Law at the Chinese Academy of Social Sciences. The Yearbook contains reports on law reform priorities, major legal policy debates and an account of legislation proposed and passed in 2006. This Yearbook features reports on those legal reforms seeking to strengthen the rule of law and to make the administration of justice more “people-oriented”. It contains articles and reports on reforms made to improve the standard of judicial justice, reforms to the criminal justice system, as well as evaluations of the functioning of systems of administrative litigation, review and state compensation. Chapters also address human rights issues and analyse current problems relating to dispute resolution. This Yearbook provides a valuable insight into contemporary debates in China about the substance, direction and priorities of legal reform.
Download or read book Legal Reform Versus the Power of the Party and State in the People s Republic of China written by Jiefen Li and published by . This book was released on 2008 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This is a case-based approach to the construction of a rule-of-law society with Chinese characteristics by the Chinese Communist Party (CCP) in an attempt to build up its political legitimacy and to fulfil its nationalistic goal to develop China into a modern state. Based on a careful analysis of policy documents, jurisprudence and interview data on legal developments in contemporary China, the study reveals the distinctive place of 'law' and its close relationship to ideology in CCP led system, and concludes that the current legal construction, albeit not fully in compliance with Western conception of rule of law, is a legal-rational process aimed to modernise the Party-state and society."--BOOK JACKET.
Download or read book Bird in a Cage written by Stanley B. Lubman and published by Stanford University Press. This book was released on 1999 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the principal legal institutions that have emerged in China and considers implications for U.S. policy of the limits on China's ability to develop meaningful legal institutions.
