Download or read book Lawyer Evaluation in Chinese Courtroom written by Liping Zhang and published by Springer Nature. This book was released on with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Lawyer Evaluation in Chinese Courtroom written by Liping Zhang and published by Springer. This book was released on 2024-05-07 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the speech style of lawyer talk in contemporary Chinese courtrooms. The topic is intriguing to readers who may wonder how lawyers compete with their opposing counterparts in an adversarial trial system in China. The legal tradition in Confucianism, which advocates harmony in interpersonal relationships, has historically guided the practice of law in China. The book analyses how lawyers manage to compete in this system. Applying the social semiotic view of language in the Hallidayian sense, specifically systemic functional linguistics and its appraisal theory, this study interprets the subjectivity of legal language by lawyers. The speech style in legal argument presentation is described as 'rational'. The exploration of the rational speech style of lawyers is a theoretical and discursive topic. It draws upon Habermasian philosophy of intersubjectivity in legal argumentation and considers the cultural and legal contexts of China as contextual constraints. The key construct of lawyer evaluation is fully captured in this discussion. As a linguistic phenomenon and unit of analysis, discourse can be examined both within local clauses and in larger stretches of talk beyond clauses. Additionally, it serves as an effective means for constructing a rational speech style for lawyers. Most importantly, discourse is a discursive act that negotiates legal arguments in the dynamic speech exchanges of a court trial, which is embedded in a wider social and cultural context. The book showcases instances of lawyer talk in well-documented trials in China and offers a good opportunity for readers to gain a general understanding of courtroom discourse in the Chinese context. It introduces readers with special interests in legal language and the law to the solidarity dimension of legal language and arguments, an alternative to the confrontational or hostile lawyer talk in trials in countries with a common-law system. The analysis presented is refined and the language used is clear, concise, and objective.
Download or read book The China Law Review written by and published by . This book was released on 1922 with total page 776 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book China s Human Rights Lawyers written by Eva Pils and published by Routledge. This book was released on 2014-11-20 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a unique insight into the role of human rights lawyers in Chinese law and politics. In her extensive account, Eva Pils shows how these practitioners are important as legal advocates for victims of injustice and how bureaucratic systems of control operate to subdue and marginalise them. The book also discusses how human rights lawyers and the social forces they work for and with challenge the system. In conditions where organised political opposition is prohibited, rights lawyers have begun to articulate and coordinate demands for legal and political change. Drawing on hundreds of anonymised conversations, the book analyses in detail human rights lawyers’ legal advocacy in the face of severe institutional limitations and their experiences of repression at the hands of the police and state security apparatus, along with the intellectual, political and moral resources lawyers draw upon to survive and resist. Key concerns include the interaction between the lawyers and their bureaucratic, professional and social environments and the forms and long term political impact of resistance. In addressing these issues, Pils offers a rare evaluative perspective on China’s legal and political system, and proposes new ways to assess domestic advocacy’s relationship with international human rights and rule of law promotion. This book will be of great interest and use to students and scholars of law, Chinese studies, socio-legal studies, political studies, international relations, and sociology. It is also of direct value to people working in the fields of human rights advocacy, law, politics, international relations, and journalism.
Download or read book International Human Rights Law and the Advancement of the Right to a Fair Trial in China written by DENG Hua and published by Torkel Opsahl Academic EPublisher. This book was released on 2016-08-29 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book CHINESE LAW RESEARCH GUIDE written by ZUZANNA KOPANIA and published by Wydawnictwo Naukowe ArchaeGraph. This book was released on 2020-09-01 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt: A journey of a thousand miles begins with a single step. This Research Guide will be the first step in your journey with Chinese law. China grows more important every day from a global perspective. However, studying and conducting research on Chinese law can be extremely challenging, especially if you do not know Mandarin well. This book is intended as a compact but comprehensive research guide that would provide students (especially those who are preparing coursework or dissertations about Chinese law), researchers and legal practitioners with the necessary knowledge about how to conduct effective Chinese legal research.
Download or read book A Third Party Evaluation Report on the Informatization of Chinese Courts written by Yanbin Lv and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the 1990s, global science and technology has been progressing every single day, with internet and big data having become an important orientation of the times and the most significant characteristics of the global economic society as well. Therefore promoting information development is becoming not only a top concern of the state, but a demanded work for the court. The informatization of courts is defined as an endeavor and process in which the courts take initiatives to upgrade judicial credibility and to uphold legal justice by developing and implementing various types of information systems utilizing information technology in their collection, processing, storage, sharing and exploration of all kinds of information emerging from trials for promoting judicial transparency and justice for the people to the public, and for standardizing the exercise of internal judicial power and improving both the quality and efficiency of court performance. Being an important component of the state informatization, the court informatization is undergoing a profound self-revolution within the judicial system, which is not only transforming the trial mode, but improving judicial capability and optimizing the judicial structure for the construction of an innovative trial mode. And at the same time it serves as an important means to provide better services for the public and to realize the fundamental goal of justice for the people. Therefore, the development of the court information is a key solution for the court to tackle a series of deep-level issues such as how to better achieve social fairness and justice and how to meet the judicial needs of the public in the New Era, being itself an important part of the judicial reform. Recent years have witnessed remarkable achievements in judicial transparency, justice for the people, and the betterment of trial quality and efficiency as well as the standardization of judicial administration, as a result of the great initiatives by the Chinese courts in their construction of the court information network under the guidance of the overall strategy for ruling the country by law, and in accordance with the idea of "Big data, large scale, great service" while striving to provide good services for the people, trial, and judicial administration.
Download or read book Chinese Legal Reforms written by Lu Xu and published by BRILL. This book was released on 2024-04-25 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains the details and underlying thinking of many major reforms to Chinese law and legal practice that have taken place since 2013. It draws widely on laws and regulations, policies, cases, official statistics as well as the latest Chinese and foreign literature. The informed analysis answers intriguing questions such as why China runs the world’s largest database of court judgments without recognising any precedent, or why the number of judges was cut by 40% despite a more than doubled caseload. Ultimately it offers a new approach on how to understand Chinese law and legal reforms in the contemporary world.
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 China s Human Rights Lawyers written by United States. Congressional-Executive Commission on China and published by . This book was released on 2009 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Download or read book Law Without Lawyers written by Victor H. Li and published by Routledge. This book was released on 2019-03-13 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. has 400,000 lawyers in a society of 200 million people. China, a country with four times that population, has a mere 3,500 lawyers. How do the Chinese achieve law without lawyers? Victor Li, one of the world's leading authorities on Chinese law, explores the way the Chinese and U.S. systems have historically viewed law (and still view it), and the way each system functions in everyday life to shape conduct and control deviance. In a straightforward and highly readable manner, the author examines how these highly divergent societies operate. He writes about historical forces and cultural values that are centuries old—and that are still critical influences in shaping life in modern America and China. In explaining the differences in the tradition and operation of law in these two cultures, Li gives us both an invaluable understanding of Chinese society today and his own appraisal of the strengths and weaknesses of U.S. law, lawyers, and courts.
Download or read book Courts in Evolving Societies written by and published by BRILL. This book was released on 2020-09-25 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: The challenges courts face today all over the world can only be solved in close cooperation between judges and academics. The anthology brings judges from China, Germany, Slovenia, England and Wales and Norway and academics together for a cross-border dialogue.
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 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.
Download or read book Report on the Rule of Law Index in China 2 written by He Tian and published by Springer Nature. This book was released on 2023-07-02 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews and assesses the status quo concerning the rule of law in China in 2017 and predicts its future development in such fields as legislation, judicial reform, civil, commercial and economic law, social law, safeguarding of human rights, criminality, Internet finance, the securities market, pilot free trade zones, administrative public interest litigation, regulation of investment management business, and AI. The book consists of a series of reports on the assessment of rule of law carried out by the Innovation Project Team on the Rule of Law Index at the Institute of Law, Chinese Academy of Social Sciences. Drawing on data from web portals and using the methods of browsing websites and verifying results through phone calls, the book includes assessment reports on the government transparency of 54 departments under the State Council and the governments of 31 provinces (autonomous regions and municipalities directly under the Central Government), 49 larger cities, and 100 counties (cities and districts). In addition, reports are provided on the judicial transparency of the Supreme People’s Court, 31 higher people’s courts, and the intermediate people’s courts of 49 larger cities, the procuratorial transparency of the Supreme People’s Procuratorate and people’s procuratorates of 31 provinces (autonomous regions and municipalities directly under the Central Government) and 49 larger cities, as well as the maritime judicial transparency of 10 maritime courts in the country. The book also includes reports on disclosure of information and transparency in the public security organs of four municipalities directly under the Central Government and 27 provincial (autonomous regional) capitals. Given its scope, the book offers a valuable asset for legal scholars, lawyers, judges, prosecutors, graduate and undergraduate students, and all those who are interested in Chinese law and the country’s rule of law index.
Download or read book The Futility of Law and Development written by Jedidiah J. Kroncke and published by Oxford University Press. This book was released on 2015-12-17 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: For all the attention paid to the Founder Fathers in contemporary American debates, it has almost been wholly forgotten how deeply they embraced an ambitious and intellectually profound valuation of foreign legal experience. Jedidiah Kroncke uses the Founders' serious engagement with, and often admiration for, Chinese law in the Revolutionary era to begin his history of how America lost this Founding commitment to legal cosmopolitanism and developed a contemporary legal culture both parochial in its resistance to engaging foreign legal experience and universalist in its messianic desire to export American law abroad. Kroncke reveals how the under-appreciated, but central role of Sino-American relations in this decline over two centuries, significantly reshaped in the early 20th century as American lawyer-missionaries helped inspire the first modern projects of American humanitarian internationalism through legal development. Often forgotten today after the rise of the Chinese Communist Party in 1949, the Sino-American relationship in the early 20th century was a key crucible for articulating this vision as Americans first imagined waves of Americanization abroad in the wake of China's 1911 Republican revolution. Drawing in historical threads from religious, legal and foreign policy work, the book demonstrates how American comparative law ultimately became a marginalized practice in this process. The marginalization belies its central place in earlier eras of American political and legal reform. In doing so, the book reveals how the cosmopolitan dynamism so prevalent at the Founding is a lost virtue that today comprises a serious challenge to American legal culture and its capacity for legal innovation in the face of an increasingly competitive and multi-polar 21st century. Once again, America's relationship with China presents a critical opportunity to recapture this lost virtue and stimulate the searching cosmopolitanism that helped forge the original foundations of American democracy.
