Download or read book The Common Law System in Chinese Context written by Berry Fong-Chung Hau and published by Routledge. This book was released on 2019-07-25 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the 1984 Sino-British Joint Declaration on the future of Hong Kong the previous capitalist system and life-style shall remain unchanged for 50 years. This concept has been embedded in the Basic Law of Hong Kong. The future of the Common Law judicial system in Hong Kong depends on the perceptions of it by Hong Kong's Chinese population; judicial developments prior to July 1, 1997, when Hong Kong passes from British to Chinese control; and the Basic Law itself. All of these critical issues are addressed in this book. It applies survey and statistical analysis to the study of the attitudes toward, and the values inherent to, the Common Law judicial system in the unique cultural and economic milieu of Hong Kong in transition.
Download or read book The Common Law in Chinese Context written by Barry Hsu and published by . This book was released on 1992 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 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 The Common Law in Two Voices written by Kwai Hang Ng and published by Stanford University Press. This book was released on 2009-07-21 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hong Kong is one of the very few places in the world where the common law can be practiced in a language other than English. Introduced into the courtroom over a decade ago, Cantonese has significantly altered the everyday working of the common law in China's most Westernized city. In The Common Law in Two Voices, Ng explores how English and Cantonese respectively reinforce and undermine the practice of legal formalism. This first-ever ethnographic study of Hong Kong's unique legal system in the midst of social and political transition, this book provides important insights into the social nature of language and the work of institutions. Ng contends that the dilemma of legal bilingualism in Hong Kong is emblematic of the inherent tensions of postcolonial Hong Kong. Through the legal dramas presented in the book, readers will get a fresh look at the former British colony that is now searching for its identity within a powerful China.
Download or read book Foreigners in Chinese Law written by Tahirih V. Lee and published by Taylor & Francis. This book was released on 1997 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays and reviews represents the most significant and comprehensive writing on Shakespeare's A Comedy of Errors. Miola's edited work also features a comprehensive critical history, coupled with a full bibliography and photographs of major productions of the play from around the world. In the collection, there are five previously unpublished essays. The topics covered in these new essays are women in the play, the play's debt to contemporary theater, its critical and performance histories in Germany and Japan, the metrical variety of the play, and the distinctly modern perspective on the play as containing dark and disturbing elements. To compliment these new essays, the collection features significant scholarship and commentary on The Comedy of Errors that is published in obscure and difficulty accessible journals, newspapers, and other sources. This collection brings together these essays for the first time.
Download or read book Chinese Law Context and Transformation written by Jianfu Chen and published by BRILL. This book was released on 2015-12-04 with total page 1131 pages. Available in PDF, EPUB and Kindle. Book excerpt: Like the previous edition in 2008, 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 the changes. It attempts to sketch the main trends in legal modernisation in China, offering an outline of the principal features of contemporary Chinese law and a clearer understanding of its nature from a developmental perspective. It provides comprehensive coverage of topics: ‘legal culture’ and modern law reform, constitutional law, legal institutions, law-making, administrative law, criminal law, criminal procedure law, civil law, property, family law, contracts, torts, law on business entities, securities, bankruptcy, intellectual property, law on foreign investment and trade, Chinese investment overseas, dispute settlement and implementation of law. Fully revised, updated and considerably expanded, this edition of Chinese Law: Context and Transformation is a valuable and important resource for researchers, policy-makers and teachers alike.
Download or read book Chinese property law from a common law perspective written by Kelly Gregory and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Asian Courts in Context written by Jiunn-rong Yeh and published by Cambridge University Press. This book was released on 2015 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyzes courts in fourteen selected Asian jurisdictions to provide the most up-to-date and comprehensive interdisciplinary book available.
Download or read book Towards a Chinese Civil Code written by and published by Martinus Nijhoff Publishers. This book was released on 2012-11-13 with total page 576 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. Within this context, the present book aims at providing the necessary historical and comparative legal perspectives. It concentrates on substantive private law and civil procedure, both in China and in other jurisdictions. These perspectives are of considerable importance for the present codification work. Additionally, the book is dedicated to commemorating the centennial of the first Western-influenced and civil law-oriented Civil Code of China, the Da Qing Min Lü Cao An of 1911. The following topics are addressed: property law, contract law, tort law and civil procedure. The book also contains contributions on codification experiences in Europe and on the concept of codification in general. The topics are discussed by leading Chinese and international scholars. Most of the Chinese contributors have taken part in preparing the Chinese Draft Civil Code. The book is the outcome of a conference organized by the Centre for Chinese and Comparative Law (RCCL), School of Law, City University of Hong Kong, in October 2010.
Download or read book Chinese Law written by Guiguo Wang and published by Springer. This book was released on 1999-06-29 with total page 882 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive and concise study of contemporary Chinese law. Contents: The legal System of China, Constitutional Law and State Structure - China, Judicial Review in China, The General Priciples of Civil Law - China, CivilProcedure Law - China, Law of Contract - China, Law and Taxation - China, Banking Law - China, Company Law - China, Law of Family, Marriage and Succession - China, Employment Law - China, The Essential of Land Law in China, Lawof Intellectual Property - China, Law of Environmental Protection - China, Criminal Law - China, Criminal Procedure Law - China, Maritime Law - China, Conflicts of Law - China, Non-judicial Means of Dispuite Settlement - China
Download or read book Law and Legal Institutions of Asia written by E. Ann Black and published by Cambridge University Press. This book was released on 2011-03-10 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of Asia and its plural legal systems is of increasing significance, both within and outside Asia. Lawyers, whether in Australia, America or Europe, or working within an Asian jurisdiction, require a sound knowledge of how the law operates across this fast-growing and diverse region. Law and Legal Institutions of Asia is the first book to offer a comprehensive assessment of eleven key jurisdictions in Asia - China, Hong Kong, Taiwan, Japan, Korea, Vietnam, Malaysia, Indonesia, Brunei Darussalam, Singapore and the Philippines. Written by academics and practitioners with particular expertise in their state or territory, each chapter uses a breakthrough approach, facilitating cross-jurisdictional comparisons and giving essential insights into how law functions in different ways across the region and in each of the individual jurisdictions.
Download or read book Great Legal Traditions written by John Warren Head and published by . This book was released on 2011 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: Great Legal Traditions: Civil Law, Common Law, and Chinese Law in Historical and Operational Perspective draws on the nearly thirty years of experience that the author has accumulated from working in and writing about a variety of legal systems around the world. After an introduction to the underlying concepts and values of comparative legal studies, Head embarks on a brisk six-chapter survey of European civil law, English and American common law, and Chinese law (both dynastic and contemporary). Each legal tradition is divided into two perspectives — first historical and then operational. Numerous illustrations and biographical sketches bring the historical surveys to life, thereby setting the stage for a close examination of several key attributes of representative legal systems in each of the three traditions. Head's "operational" topics include sources of law, the role and training of lawyers, the division of court jurisdiction, constitutional review, the role of codification, and more — and he gives special attention to comparative criminal procedure. Great Legal Traditions is designed primarily for use in law schools and other graduate programs in comparative history, international relations, and both European and Chinese area studies, but the book is also written to be accessible to a more general readership. The main text is supplemented with numerous appendices that serve in place of a documents supplement. A teacher's manual is also available with guidance on each of the study questions that Head places at the beginning of each chapter (roughly 200 study questions in all). The teacher's manual also provides guidance (and confidence) to instructors not already familiar with Chinese law and history.
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 Chinese Lawmaking From Non communicative to Communicative written by Peng He and published by Springer Science & Business Media. This book was released on 2013-09-30 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dr Peng He in her book addresses various issues, drawing on Western and Chinese sources for her argument for a ‘communicative’ theory of law making. This book is both timely and important in the Chinese context. Her argument depends upon the insight that what is important in societies is not just representative democracy but ‘voice’ - the opportunity for individuals to be heard and bring their input into official systems. More than that, she argues that this can also take further the idea of living by the rules as something that is not to be seen as narrow Legalism but as something more akin to living ‘righteously’ – a view which is resonant with parts of Chinese legal thought. This book is also important in the present Chinese context in another way. The developing economy necessitates substantial legal reform. But applying Western models to China can often be naïve and not fully fulfil their intended purpose. Peng He’s work addresses this by looking at the process of legislation in connection with legal reform. It is grounded in a sound theoretical reflection of both the process of legal transplantation and the process of law making, and looks both at Western and Chinese sources. Such an approach needs to draw from several intellectual traditions and it is this interdisciplinary, foundational research that is the task Dr He has set herself in her project. Her theory will provide an abstract theoretical framework that is sensitive to local conditions, while at the same time incorporating insights on law reform from a broad range of disciplines. Her research is of direct practical relevance for reforming the legislative process in China. ——Professor Zenon Bańkowski The University of Edinburgh
Download or read book Five Lectures on the Common Law with Comparative Reference to the Law in China written by Andrew Godwin and published by . This book was released on 2015 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt: In April 2014, leading scholars came to China to deliver lectures addressing fundamental areas of the common law, including property law, agency law, equity, criminal law, and tax law. These lectures explore the development, features, and application of their respective areas of the common law. In addition, the lectures compare aspects of the common law with the approach in civil law jurisdictions and, in particular, in China. By examining the development of the common law and stare decisis, one may gain insights into common law concepts, many of which are similar to those in the Chinese legal system.
