Download or read book Major Issues in Chinese Legal History written by William P. Alford and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Major Issues in Chinese Legal History written by William P. Alford and published by . This book was released on 1992 with total page 1706 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Major Issues in Chinese Legal History written by William P. Alford and published by . This book was released on 1992* with total page 1706 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The History and Theory of Legal Practice in China written by Philip C.C. Huang and published by BRILL. This book was released on 2014-09-03 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: The History and Theory of Legal Practice in China: Toward a Historical-Social Jurisprudence goes beyond the either/or dichotomy of Chinese vs. Western law, tradition vs. modernity, and the substantive-practical vs. the formal. It does so by proceeding not from abstract legal texts but from the realities of legal practice. Whatever the declared intent of a law, it must in actual application adapt to social realities. It is the two dimensions of representation and practice, and law and society, that together make up the entirety of a legal system. The assembled articles by the editors and a new generation of Chinese scholars illustrate a new “historical-social jurisprudence,” and explore the possible conceptual underpinnings of a modern Chinese legal system that would both accommodate and integrate the unavoidable paradoxes of contemporary China.
Download or read book A History of Civil Law in Early China Cases Statutes Concepts and Beyond written by Zhaoyang Zhang and published by BRILL. This book was released on 2022-07-11 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through the careful examination of cases, statutes and terminology preserved in both excavated and transmitted materials, this book argues that a civil law with distinctive Chinese characteristics emerged during the Qin and Han dynasties (221 B.C.-A.D. 220).
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 Heaven Has Eyes written by Xiaoqun Xu and published by Oxford University Press, USA. This book was released on 2020 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A history of Chinese law and justice from the imperial era to the post-Mao era, the book addresses the evolution and function of law codes and judicial practices in China's long history, and examines the transition from traditional laws and practices to their modern counterparts in the twentieth century and beyond. From the ancient times to the twenty-first century, there has been an enduring expectation or hope among the Chinese people that justice should and will be done in society, which is expressed in a popular Chinese saying, "Heaven has eyes." To the Chinese mind in the imperial era, justice was, and was to be achieved as, an alignment of Heavenly reason, state law, and human relations. Such a conception did not change until the turn of the twentieth century when Western-derived notions--natural rights, legal equality, the rule of law, judicial independence, and due process--came to replace the Confucian moral code of right and wrong, which was a fundamental shift in philosophical and moral principles that informed law and justice. The legal-judicial reform agendas since the beginning of the twentieth century (still ongoing today) stemmed from this change in the Chinese moral and legal thinking, but to materialize the said principles in everyday practices is a very different order of things that is much more difficult to accomplish, hence all the legal dramas including tragedies in the past one century or so. The book will lay out how and why that is the case"--
Download or read book Law and Politics in Modern China written by Sharron Gu and published by Cambria Press. This book was released on 2009 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an original interdisciplinary study of Chinese law, its language, and political institution. Evolving within a complex literary framework over thousands of years, Chinese language has lost its conceptual distinctiveness to its multilevel and overlapping meanings and connotations. Chinese law has become inflated with contrary rulings and exceptions. This mass of rules requires an extra-lingual (legal) authority to redefine boundaries and specify applications. This book follows and continues the author's, The Boundaries of Meaning and the Formation of Law (McGill University Press) by illustrating how language shapes the formation, application, and administration of law in various cultural environments. Law and Politics in Modern China is an important book for those interested in Chinese history, culture, law, and politics. It also provides refreshing insights about the way that law continues to function after its language matures and creates contradictions and loopholes within its system of rules--one of the most important issues facing Western legal administration in the immediate future.
Download or read book The History of Government and Public Law in China written by Xin Nie and published by Springer. This book was released on 2024-10-31 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces the evolution of Chinese public institutions from the Shang and Zhou dynasties to modern China, including a diverse range of topics such as the bureaucratic system, the fiscal and economic system, talent selection, appointment and assessment, imperial examination, governance and censorship and justice in ancient China. It further covers the new policies, constitution, welfare state, national assembly and other important issues in modern Chinese history. In terms of methodology, this work aims to integrate research approaches from law, history, and politics. It combines insights from constitutional and administrative law, legal history, comparative jurisprudence, and the study of government organizations to provide a comprehensive analysis of Chinese public institutions over time.
Download or read book The Tradition and Modern Transition of Chinese Law written by Jinfan Zhang and published by Springer Science & Business Media. This book was released on 2014-02-20 with total page 719 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book was first published in 1997, and was awarded the first prize of scientific research by the Ministry of Justice during the ninth Five-Year Plan of China. In 2005, it was adopted the text book for the postgraduates of law majors. In 2009, it was awarded the second prize of the best books on law in China. The book discusses from different aspects the long legal tradition in China, and it not only helps us to have a further understanding of Chinese legal system but also combines theories and practice and illustrate the modern legal transition which probes the history of Chinese legal system. As is known to us all, China is a country with a long legal history, which can be traced back to more than three thousand year ago. So the legal tradition of China has been passed down from generation to generation without any interruptions. This feature is peculiar to Chinese legal history which is beyond all comparison with that of other countries such as ancient Egypt, ancient India, ancient Babylon and ancient Persia. Through the study of Chinese legal history we can have a deeper understanding of the histories, features, origins and the transition of Chinese legal tradition. The Chinese legal tradition originated from China, and it is the embodiment of the wisdom and creativity of Chinese civilization. The great many books, researching materials, legal constitutions, archives, files and records of different dynasties in China have provided us with rare, complete and systematic materials to research. The book has a complete, systematic and detailed research on Chinese legal tradition and its transition and it gives people a correct recognition of the process of the perfection of laws during its development and its position as well as its value in the social progress in order to grasp its regular patterns. It also has showed us the most valuable part and core of Chinese legal Tradition and it is a summary of Chinese legal tradition and its transition from different perspectives, different angles and different levels. From the book, we can see that the ancient Chinese Legal Culture had once shocked the world and exerted great influence on the civilization of the world legal system, especially the legal systems in Asian countries. The book also has discussed the reestablishment of law in the late Qing Dynasty and the beginning of the Chinese law’s transition to modernity. In a word, the book has not only combined the legal system and the legal culture together, but also integrated the important historical figures and events ingeniously and it is a valuable and readable book with authenticity.
Download or read book China s Journey Toward the Rule of Law written by Cai Dingjian and published by BRILL. This book was released on 2010 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Thirty years since China s reform and opening have been very eventful for the country s legal reforms, and this volume presents a multi-disciplinary look at the current scholarship going on in China on the subject. The articles have been translated into English to assist scholars worldwide in understanding China s recent legal history and also to help familiarize them with the currents of contemporary Chinese scholarship. Individual subjects include commercial law, the evolving relationship between the Chinese government and its citizens, administrative law and criminal justice. There are also chapters on newly emerging areas of the law that are crucial to China s future development, such as the chapters on environmental law and intellectual property. The volume also includes a chapter on legal education and the legal profession, judicial reform and the development of law to protect the rights of the disadvantaged.
Download or read book Chinese Legal Reform and the Global Legal Order written by Yun Zhao and published by Cambridge University Press. This book was released on 2018 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical evaluation of the latest reform in Chinese law that engages legal scholarship with research of Chinese legal historians.
Download or read book Chinese Contemporary Perspectives on International Law written by Xue Hanqin and published by Martinus Nijhoff Publishers. This book was released on 2012-12-03 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Built on the theme “history, culture and international law”, this special course gives a comprehensive review of China’s contemporary perspective and practice of international law in the past 60 years, with its focus on the recent 30 years when China is gradually integrated into international legal system through its opening up and economic reform process.
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 Heaven Has Eyes written by Xiaoqun Xu and published by Oxford University Press. This book was released on 2020-08-03 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Heaven Has Eyes is a comprehensive but concise history of Chinese law and justice from the imperial era to the post-Mao era. Never before has a single book treated the traditional Chinese law and judicial practices and their modern counterparts as a coherent history, addressing both criminal and civil justice. This book fills this void. Xiaoqun Xu addresses the evolution and function of law codes and judicial practices throughout China's long history, and examines the transition from traditional laws and practices to modern ones in the twentieth century. To the Chinese of the imperial era, justice was an alignment of heavenly reason (tianli), state law (guofa), and human relations (renqing). Such a conception did not change until the turn of the twentieth century, when Western-derived notions-natural rights, legal equality, the rule of law, judicial independence, and due process--came to replace the Confucian moral code of right and wrong. The legal-judicial reform agendas that emerged in the beginning of the twentieth century (and are still ongoing today) stemmed from this change in Chinese moral and legal thinking, but to materialize the said principles in everyday practices is a very different order of things, and the past century was fraught with legal dramas and tragedies. Heaven Has Eyes lays out how and why that is the case.
Download or read book Legal Transplantation in Early Twentieth Century China written by Michael H. K. Ng and published by Routledge. This book was released on 2014-05-23 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Practicing law" has a dual meaning in this book. It refers to both the occupational practice of law and the practicing of transplanted laws and institutions to perfect them. The book constitutes the first monographic work on the legal history of Republican Beijing, and provides an in-depth and comprehensive account of the practice of law in the city of Beijing during a period of social transformation. Drawing upon unprecedented research using archived records and other primary materials, it explores the problems encountered by Republican Beijing’s legal practitioners, including lawyers, policemen, judges and criminologists, in applying transplanted laws and legal institutions when they were inapplicable to, incompatible with, or inadequate for resolving everyday legal issues. These legal practitioners resolved the mismatch, the author argues, by quite sensibly assimilating certain imperial laws and customs and traditional legal practices into the daily routines of the recently imported legal institutions. Such efforts by indigenous legal practitioners were crucial in, and an integral part of, the making of legal transplantation in Republican Beijing. This work not only makes significant contributions to scholarship on the legal history of modern China, but also offers insights into China’s quest for modernization in its first wave of legal globalization. It is thus of great value to legal historians, comparative legal scholars, specialists in Chinese law and China studies, and lawyers and law students with an interest in Chinese legal history.
Download or read book Chinese Law written by Chen and published by Martinus Nijhoff Publishers. This book was released on 2023-09-25 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law, in particular its actual functioning in any given society, is above all a part of the culture of that society - a part of its historical, political, social and intellectual creation. If a `black-letter' approach towards law in the West is under increasing criticism, it is particularly unhelpful, if not misleading, in understanding Chinese law, its nature and developments. Rather, to understand Chinese law, its nature and developments, we need to examine the Chinese legal traditions, the prevailing political and economic situations, Party policies on economic reform and tolerance towards political liberalisation, and scholarly discussions and debate. This is the approach of this book. Its aim is to put Chinese law `in context', to outline the nature and present status of its development, and to analyse the meaning of the law within the Chinese context. However, this monograph does not ignore the practical needs for determining the precise contents of the `black- letter' law either. A study of this kind necessarily involves a process of topic selection. However, to avoid over-generalisation and over-simplification, it also demands a considerable degree of comprehensiveness in coverage. For this reason, the book covers what the Chinese scholars term `fundamental law' and `basic branches' of law, while other topics are covered because they are either crucial for the understanding of the law (such as legal traditions in China) or of practical importance (such as foreign investment and trade). Chapter One provides an historical background to traditional Chinese `legal culture' and modern law reforms. The historical background of specific topics is examined as the topics are analysed in the following chapters. Chapter Two deals with the changing fate of law under Communist rule. Its focus is on the underlying factors and justifications for such changes. Chapter Three introduces discussions on specific branches of law, from public law (constitutional law, law-making, administrative law, criminal law, criminal procedure law) to `private' law (civil law, family law, contracts, law on business entities, and law on foreign investment and trade). Each of these is dealt with in a separate chapter. After the analysis of these substantial topics, certain conclusions are drawn, which attempt to define the nature of Chinese law and its developments in present-day China.
