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Engaging the Law in China

Engaging the Law in China
Author:
Publisher: Stanford University Press
Total Pages: 252
Release: 2005-02-04
Genre: History
ISBN: 0804779287

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This book explores legal mobilization, culture, and institutions in contemporary China from a perspective informed by 'law and society' scholarship.


Authoritarian Legality in China

Authoritarian Legality in China
Author: Mary E. Gallagher
Publisher: Cambridge University Press
Total Pages: 271
Release: 2017-09-07
Genre: Law
ISBN: 110708377X

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This book examines Chinese workers' experiences and shows how disenchantment with the legal system drives workers from the courtroom to the streets.


Legal Orientalism

Legal Orientalism
Author: Teemu Ruskola
Publisher: Harvard University Press
Total Pages: 358
Release: 2013-06-03
Genre: Law
ISBN: 0674075781

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Since the Cold War ended, China has become a global symbol of disregard for human rights, while the United States has positioned itself as the world’s chief exporter of the rule of law. How did lawlessness become an axiom about Chineseness rather than a fact needing to be verified empirically, and how did the United States assume the mantle of law’s universal appeal? In a series of wide-ranging inquiries, Teemu Ruskola investigates the history of “legal Orientalism”: a set of globally circulating narratives about what law is and who has it. For example, why is China said not to have a history of corporate law, as a way of explaining its “failure” to develop capitalism on its own? Ruskola shows how a European tradition of philosophical prejudices about Chinese law developed into a distinctively American ideology of empire, influential to this day. The first Sino-U.S. treaty in 1844 authorized the extraterritorial application of American law in a putatively lawless China. A kind of legal imperialism, this practice long predated U.S. territorial colonialism after the Spanish-American War in 1898, and found its fullest expression in an American district court’s jurisdiction over the “District of China.” With urgent contemporary implications, legal Orientalism lives on in the enduring damage wrought on the U.S. Constitution by late nineteenth-century anti-Chinese immigration laws, and in the self-Orientalizing reforms of Chinese law today. In the global politics of trade and human rights, legal Orientalism continues to shape modern subjectivities, institutions, and geopolitics in powerful and unacknowledged ways.


Chinese Law

Chinese Law
Author: Guiguo Wang
Publisher: Springer
Total Pages: 882
Release: 1999-06-29
Genre: Law
ISBN:

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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


The Tradition and Modern Transition of Chinese Law

The Tradition and Modern Transition of Chinese Law
Author: Jinfan Zhang
Publisher: Springer
Total Pages: 0
Release: 2016-09-03
Genre: Law
ISBN: 9783662521144

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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.


The Limits of the Rule of Law in China

The Limits of the Rule of Law in China
Author: Karen G. Turner
Publisher: University of Washington Press
Total Pages: 384
Release: 2015-05-01
Genre: History
ISBN: 0295803894

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In The Limits of the Rule of Law in China, fourteen authors from different academic disciplines reflect on questions that have troubled Chinese and Western scholars of jurisprudence since classical times. Using data from the early 19th century through the contemporary period, they analyze how tension between formal laws and discretionary judgment is discussed and manifested in the Chinese context. The contributions cover a wide range of topics, from interpreting the rationale for and legacy of Qing practices of collective punishment, confession at trial, and bureaucratic supervision to assessing the political and cultural forces that continue to limit the authority of formal legal institutions in the People’s Republic of China.


Chinese Perspectives on the International Rule of Law

Chinese Perspectives on the International Rule of Law
Author: Matthieu Burnay
Publisher: Edward Elgar Publishing
Total Pages: 336
Release: 2018-07-27
Genre: Law
ISBN: 1788112393

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This insightful book investigates the historical, political, and legal foundations of the Chinese perspectives on the rule of law and the international rule of law. Building upon an understanding of the rule of law as an 'essentially contested concept', this book analyses the interactions between the development of the rule of law within China and the Chinese contribution to the international rule of law, more particularly in the areas of global trade and security governance.


Law and Society in China

Law and Society in China
Author: Vai Io Lo
Publisher: Edward Elgar Publishing
Total Pages: 200
Release: 2020-02-28
Genre: Law
ISBN: 1785363093

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Law and Society in China examines the interplay between law and society from imperial to present-day China. This synoptic book traces the developments of law in Chinese societies, investigates the role of law in social governance, and discusses China’s ongoing reforms towards the rule of law with Chinese characteristics. In fostering a comprehensive, rather than piecemeal and disconnected, understanding of the interaction between law and society in China, this book will reduce misconceptions about and enhance appreciation for Chinese law.


Law and the Party in Xi Jinping's China

Law and the Party in Xi Jinping's China
Author: Rogier J. E. H. Creemers
Publisher: Cambridge University Press
Total Pages: 287
Release: 2021-01-07
Genre: Law
ISBN: 1108836356

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Provides an in-depth study of the ideological and organisational features of China's legal system, as it is embedded in the Party-state.


Private Law in China and Taiwan

Private Law in China and Taiwan
Author: Yun-chien Chang
Publisher: Cambridge University Press
Total Pages: 361
Release: 2017
Genre: Law
ISBN: 1107154243

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Comparing four key branches of private law in China and Taiwan, this collaborative and novel book demystifies the 'China puzzle'.