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China S Supreme Court

Author: Ronald C. Keith
Publisher: Routledge
ISBN: 1134666071
Size: 26.78 MB
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This book examines the learning curve of the People's Supreme Court of China as an expanding Chinese national institution that has played a key role in the struggle for the rule of law in China. Within the unity of state administration and the requirements of the constitution, the court has negotiated the changing tension between politics and law through improvising new formats of interpretation and supervision in response to the changing priorities of revolution and market reform.

China S Socialist Rule Of Law Reforms Under Xi Jinping

Author: John Garrick
Publisher: Routledge
ISBN: 1317354168
Size: 44.54 MB
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Under the direction of the Communist Party of China (CPC), key legal challenges have been identified which will shape the modernization of China’s legal and administrative institutions. An increasingly complex set of legal actors now seek to influence this development, including securities regulators, bankers, accountants, lawyers, local-level mediators and some of China’s newly rich. Whilst the rising middle class wants to voice its interests and concerns, the CPC strives to maintain its leading role. This book provides a critical appraisal of China’s deepening socialist rule of law and looks ahead to the implications of the domestic reforms for the international legal domain. With contributions from leading Chinese law specialists, it draws on specific illustrations from judicial reform, constitutional law, procedural law, anti-corruption, property law and urban development, socio-economic dispute resolution and Chinese macro-economics. The book questions how China’s domestic law reforms will impact international legal systems, and how international law can be used in managing key regional and bilateral relationships and in dispute resolution, such as in the South China Sea and international trade. Assessing the state and direction of domestic law reform and including debates around the legal implications of some of China’s most pressing foreign policy challenges today, this volume will be of huge interest to students, scholars and practitioners with an interest in Asia law, Chinese law, international law, comparative law and law reform.

Popular Politics And The Quest For Justice In Contemporary China

Author: Susanne Brandtstädter
Publisher: Taylor & Francis
ISBN: 1315391937
Size: 32.63 MB
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The rise of popular politics is among one the most significant social and political developments the People’s Republic of China has witnessed in the post-Mao era. People from all walks of life have responded to rising inequalities and the privatization of collective goods with a new quest for justice. Although China has remained a censorial society under the authoritarian rule of the Chinese Communist Party, state-society relations are being remade by interventions of emergent publics through word and action. In this book, a group of anthropologists, specializing in Chinese society, examine various facets of popular politics, which are animated by the pursuit of justice, fairness and good government. The ethnographic chapters collectively analyse how ‘the political’ arises in particular judicial situations, provoking public judgements or other forms of critical engagement. Focusing on the interplay between private and public spaces, between morality and law and between speech and action, the contributors in this book explore how such engagements are changing Chinese society from the bottom-up. As the first systematic exploration of the relationship between popular politics, emergent publics and notions of justice in contemporary China, this book will be useful for students of Chinese Studies, Politics and Anthropology.

The Judicial System And Reform In Post Mao China

Author: Dr Yuwen Li
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472436075
Size: 78.94 MB
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This comprehensive study examines the development and changing characteristics of the judicial system and reform process over the past three decades in China. As the role of courts in society has increased so too has the amount of public complaints about the judiciary. At the same time, political control over the judiciary has retained its tight-grip. The shortcomings of the contemporary system, such as institutional deficiencies, shocking cases of injustice and cases of serious judicial corruption, are deemed quite appalling by an international audience. Using a combination of traditional modes of legal analysis, case studies, and empirical research, this study reflects upon the complex progress that China has made, and continues to make, towards the modernisation of its judicial system. Li offers a better understanding on how the judicial system has transformed and what challenges lay ahead for further enhancement. This book is unique in providing both the breadth of coverage and yet the substantive details of the most fundamental as well as controversial subjects concerning the operation of the courts in China.

Law And Policy For China S Market Socialism

Author: John Garrick
Publisher: Routledge
ISBN: 1136345019
Size: 63.80 MB
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This edited volume presents fresh empirical research on the emerging outcomes of China’s law reforms. The chapters examine China’s ‘going out’ policy by addressing the ways in which the underpinning legal reforms enable China to pursue its core interests and broad international responsibilities as a rising power. The contributors consider China’s civil and commercial law reforms against the economic backdrop of an outflow of Chinese capital into strategic assets outside her own borders. This movement of capital has become an intriguing phenomenon for both ongoing economic reform and its largely unheralded underpinning law reforms. The contributors ask probing questions about doing business with China and highlight the astonishing escalation of China’s outbound foreign direct investment (OFDI). Law and Policy for China's Market Socialism includes contributions from leading China-law scholars and specialist practitioners from the People’s Republic of China, Hong Kong, the United States, the United Kingdom and other countries who all extend the examination of powerful influences on China’s law reforms into new areas. Given the forecast for the growth of China’s domestic market, those wishing to gain a better understanding and seeking success in the world's most dynamic marketplace will benefit greatly from reading this book. This book is essential reading for anyone interested in Chinese economics and business, Chinese Law, Chinese politics and commercial law.

Maritime Law And Practice In China

Author: Liang Zhao
Publisher: Taylor & Francis
ISBN: 1317266455
Size: 31.35 MB
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A comprehensive treatment of Chinese maritime law and judicial practice, this book covers both substantive law and procedure law of maritime law in mainland China. This is a professional book for both academics and practitioners in the field of maritime law. Including analysis of and comment on judicial practice from the Supreme People’s Court, Higher People’s Courts and ten maritime courts, as well as a whitepaper of Chinese maritime adjudication for 30 years (1984-2014), this brings to an English-speaking audience for the first time some of the most technical aspects of maritime law. It is therefore an invaluable resource for all those interested in maritime law in China.

Chinese Insurance Contracts

Author: Zhen Jing
Publisher: Taylor & Francis
ISBN: 1317802543
Size: 44.58 MB
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Chinese Insurance Contracts: Law and Practice is the first systematic text written in English on the law of insurance in China. This book offers a critical analysis of the major principles, doctrines and concepts of insurance contract law in China. At every point the analysis discusses the principles of the Insurance Law in detail, referring where appropriate to decided cases and also drawing attention to external influences. Readers are guided through the complexities of Chinese law in a clear and comprehensive fashion, and – significantly – in a manner that is accessible and meaningful for those used to a common law system. This book presents a comprehensive picture of Chinese insurance contract law, to facilitate a wider understanding of the relevant rules of law. Elements of insurance contract law are critically examined. In addition, this book presents rules of law on some special types of insurance contract, such as life insurance, property insurance, liability insurance, motor vehicle insurance, reinsurance, and marine insurance. The deficiencies and shortcomings of the law and practice will be identified and analysed; suggestions and recommendations on how to reform the law will be presented. Chinese Insurance Contracts also offers legal and practical advice to insurance professionals on how to draft clauses to avoid contractual pitfalls. It also uses cases to illustrate the difficulties which can arise in applying the principles in practice. This book will be essential reading for insurance companies and legal practitioners looking to do business in China, as well as reference for Chinese lawyers practising insurance law. It will also be a useful resource for students and academics studying Chinese law.

Legal Reforms And Deprivation Of Liberty In Contemporary China

Author: Elisa Nesossi
Publisher: Routledge
ISBN: 1317106067
Size: 17.26 MB
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The volume presents an extensive investigation into the process of reforms of detention powers in today’s China and offers an in-depth analysis of the debates surrounding the reformist attempts. The chapters in this collection demonstrate that legislative and institutional reforms in this area result from political opportunities - openings and tensions at the central institutional levels of political authority - and contingent social and political factors. The book examines legal and institutional reforms to institutions of detention and imprisonment that have occurred since the 1990s, with a particular focus on the 21st century. Its content follows three particular lines of enquiry concerning the issue of deprivation of liberty in contemporary China. The first deals with the academic and theoretical debates on the subject of imprisonment and detention. The related chapters explain the difficulties encountered in this area of research and understandings of the discourses of reform through labour in Western and Chinese scholarship. The second deals with the specific issues of criminal and administrative forms of deprivation of liberty, examining in particular the institutional and legislative dimensions, considering the relationship between reforms and criminal justice policy agendas. The third assesses the meaning of institutional reforms in the context of the changing state-society relationship in contemporary China.

Modern China

Author: Xiaobing Li
Publisher: ABC-CLIO
ISBN: 1610696263
Size: 27.86 MB
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Providing an indispensable resource for students, educators, businessmen, and officials investigating the transformative experience of modern China, this book provides a comprehensive summary of the culture, institutions, traditions, and international relations that have shaped today's China. • Covers contemporary Chinese politics, economy, geography, law, education, culture, and history, providing readers with a breadth of insights into modern China and its people • Addresses a variety of current issues such as pollution, corruption, human trafficking, human rights, civil liberties, and the one-child policy • Contains accessible information ideal for high school and college-level students, grade school teachers, and any readers interested in the general topics of Asia and China

China S Death Penalty

Author: Hong Lu
Publisher: Routledge
ISBN: 1135914915
Size: 13.93 MB
Format: PDF
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By all accounts, China is the world leader in the number of legal executions. Its long historical use of capital punishment and its major political and economic changes over time are social facts that make China an ideal context for a case study of the death penalty in law and practice. This book examines the death penalty within the changing socio-political context of China. The authors'treatment of China' death penalty is legal, historical, and comparative. In particular, they examine; the substantive and procedures laws surrounding capital punishment in different historical periods the purposes and functions of capital punishment in China in various dynasties changes in the method of imposition and relative prevalence of capital punishment over time the socio-demographic profile of the executed and their crimes over the last two decades and comparative practices in other countries. Their analyses of the death penalty in contemporary China focus on both its theory - how it should be done in law - and actual practice - based on available secondary reports/sources.