Code Custom And Legal Practice In China

Author : Philip C. Huang
Publisher : Stanford University Press
ISBN 13 : 0804741115
Total Pages : 261 pages
Book Rating : 4.18/5 ( download)

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Download or read book Code, Custom, and Legal Practice in China written by Philip C. Huang and published by Stanford University Press. This book was released on 2001 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: What changes occurred and what remained the same in Chinese civil justice from the Qing to the Republic? Drawing on archival records of actual cases, this study provides a new understanding of late imperial and Republican Chinese law. It also casts a new light on Chinese law by emphasizing rural areas and by comparing the old and the new.

Author :
Publisher : Stanford University Press
ISBN 13 : 0804779279
Total Pages : 358 pages
Book Rating : 4.72/5 ( download)

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Download or read book Civil Law in Qing and Republican China written by and published by Stanford University Press. This book was released on 1994-08 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: The opening of local archives to Western scholars in the 1980's has provided the basis for this reexamination of civil law in Qing and Republican China. This pathbreaking volume demonstrates that, contrary to previous scholarly understanding, Qing and Republican courts dealt extensively with such civil matters as land rights, debt, marriage, and inheritance, and did so with striking consistency and in conformity with the written code.

Author : Mo Zhang
Publisher : BRILL
ISBN 13 : 9047417976
Total Pages : 388 pages
Book Rating : 4.72/5 ( download)

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Download or read book Chinese Contract Law - First Edition written by Mo Zhang and published by BRILL. This book was released on 2006-02-01 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive analysis in the theories and framework of Chinese contract law as well as its implication in Chinese judicial practices through the recent cases in Chinese people’s courts. It aims to provide answers to the above questions in a systematic way, theoretically and practically; it therefore analyzes the issues surrounding the process of contract-making and performance under the Chinese contract law and doctrines underlying the law. The focus is upon issue-oriented discussions from which different solutions may be drawn based on the nature of particular fact patterns. In addition, for research purposes, an analytical comparison is employed with regard to the laws that govern contracts to help illustrate how Chinese law is distinctive. In short, the book presents a well-analyzed inside view of Chinese contract law in theory and practice, which will be of interest to both academic researchers and practitioners in the area of contracts.

Author : Philip C.C. Huang
Publisher : BRILL
ISBN 13 : 9004276440
Total Pages : 456 pages
Book Rating : 4.44/5 ( download)

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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.

Author : Durham Law School
Publisher : BRILL
ISBN 13 : 9004468285
Total Pages : 477 pages
Book Rating : 4.83/5 ( download)

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Download or read book The Civil Code of the People’s Republic of China written by Durham Law School and published by BRILL. This book was released on 2021-10-18 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: This contribution provides the important and timely bilingual version of the Chinese Civil Code and the Supreme People’s Court’s Judicial Interpretation of the Temporal Effect of the Civil Code. Providing translations by a diverse group of esteemed legal scholars, on Contract Law, Tort Law, Marriage, Family and Succession Law, General and Personality Provisions and Property Law, this unique resource will be important for all those with an interest in Chinese Law.

Author : Ting Zhang
Publisher : University of Washington Press
ISBN 13 : 029574717X
Total Pages : 265 pages
Book Rating : 4.70/5 ( download)

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Download or read book Circulating the Code written by Ting Zhang and published by University of Washington Press. This book was released on 2020-04-15 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contrary to longtime assumptions about the insular nature of imperial China’s legal system, Circulating the Code demonstrates that in the Qing dynasty (1644–1911) most legal books were commercially published and available to anyone who could afford to buy them. Publishers not only extended circulation of the dynastic code and other legal texts but also enhanced the judicial authority of case precedents and unofficial legal commentaries by making them more broadly available in convenient formats. As a result, the laws no longer represented privileged knowledge monopolized by the imperial state and elites. Trade in commercial legal imprints contributed to the formation of a new legal culture that included the free flow of accurate information, the rise of nonofficial legal experts, a large law-savvy population, and a high litigation rate. Comparing different official and commercial editions of the Qing Code, popular handbooks for amateur legal practitioners, and manuals for community legal lectures, Ting Zhang demonstrates how the dissemination of legal information transformed Chinese law, judicial authority, and popular legal consciousness.

Author : Danling Yu
Publisher : Springer
ISBN 13 : 9811309027
Total Pages : 282 pages
Book Rating : 4.21/5 ( download)

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Download or read book Chinese Business Law written by Danling Yu and published by Springer. This book was released on 2018-10-23 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers the first definitive English-language resource on Chinese business law. Written by an authoritative source, the book accurately describes what the business law is and explains legislative intentions underlying the myriad of law, rules, and regulations. Moreover, it provides the most up-to-date information on law, rules, and regulations and contains accurate predictions of the future legislative trend. It is written for readers across the spectrum of both common law and civil law systems. The author’s experience as expert counsel to Chinese central governmental legislative functions including the State Council Legislative Affairs Office and the expert editor and translator in chief of the national administrative regulations in business and finance, extensive experience of international legal practice and arbitration, and teaching and research experience in international business law and Chinese law will make this book of interest to lawyers, business people, and scholars.

Author : Xiaobing Li
Publisher : University Press of Kentucky
ISBN 13 : 0813141206
Total Pages : 318 pages
Book Rating : 4.06/5 ( download)

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Download or read book Modern Chinese Legal Reform written by Xiaobing Li and published by University Press of Kentucky. This book was released on 2013-01-01 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: China's rapid socioeconomic transformation of the past twenty years has led to dramatic changes in its judicial system and legal practices. As China becomes more powerful on the world stage, the global community has dedicated more resources and attention to understanding the country's evolving democratization, and policymakers have identified the development of civil liberties and long-term legal reforms as crucial for the nation's acceptance as a global partner. Modern Chinese Legal Reform is designed as a legal and political research tool to help English-speaking scholars interpret the many recent changes to China's legal system. Investigating subjects such as constitutional history, the intersection of politics and law, democratization, civil legal practices, and judicial mechanisms, the essays in this volume situate current constitutional debates in the context of both the country's ideology and traditions and the wider global community. Editors Xiaobing Li and Qiang Fang bring together scholars from multiple disciplines to provide a comprehensive and balanced look at a difficult subject. Featuring newly available official sources and interviews with Chinese administrators, judges, law-enforcement officers, and legal experts, this essential resource enables readers to view key events through the eyes of individuals who are intimately acquainted with the challenges and successes of the past twenty years.

Author : Pitman B. Potter
Publisher : Routledge
ISBN 13 : 1134561296
Total Pages : 571 pages
Book Rating : 4.92/5 ( download)

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Download or read book The Chinese Legal System written by Pitman B. Potter and published by Routledge. This book was released on 2005-07-08 with total page 571 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legal system of the People's Republic of China has seen significant changes since legal reforms began in 1978. At the end of the second decade of legal reform, law-making and institution-building have reached impressive levels. Understanding the operation and possible futures of law in the People's Republic of China requires an appreciation of the normative influences on the system, as well as an examination of how these norms have worked in practice.

Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004204881
Total Pages : 576 pages
Book Rating : 4.81/5 ( download)

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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.