Insight Into China Through Comparative Law Analysis Of Invisible Factors And Contexts Common Law V Chinese Law PDF Download
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Author | : Dr Vivek Jain |
Publisher | : Notion Press |
Total Pages | : 334 |
Release | : 2019-06-28 |
Genre | : Law |
ISBN | : 9781645877431 |
Download Insight Into China Through Comparative Law Analysis of Invisible Factors and Contexts - Common Law V. Chinese Law Book in PDF, ePub and Kindle
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.
Author | : Vivek (Legal consultant) Jain |
Publisher | : |
Total Pages | : 306 |
Release | : 2019 |
Genre | : Common law |
ISBN | : 9781645877424 |
Download Insight Into China Through Comparative Law Analysis of Invisible Factors and Contexts Book in PDF, ePub and Kindle
Author | : Meiling Huang |
Publisher | : Taylor & Francis |
Total Pages | : 176 |
Release | : 2024-03-05 |
Genre | : Law |
ISBN | : 1003859305 |
Download Comparative Perspectives on the Chinese Civil Code Book in PDF, ePub and Kindle
This book provides a comparative analysis of Chinese property law as depicted in the newly enacted Chinese Civil Code. The Chinese Civil Code, the first civil code in the history of the People’s Republic of China, was enacted as law in May 2020. Reflecting the growing interest in this code and its provisions to scholars of codification and of comparative private law, it has already been translated into English, German, and Italian. Chinese property law has both local and global features, and this comparative study offers a channel through which to understand Chinese property law, by highlighting both its similarities and differences from other property systems. Broadly speaking, the book brings together two approaches. The first comprises a comprehensive discussion of aspects of Chinese property law, such as ownership, property rights, and secured transactions. The second consists of perspectives from other jurisdictions and provides an assessment of Chinese property law based on other property systems. Containing contributions by both distinguished and young scholars, who are experienced in comparative property law research, the book offers a unique insight into the Chinese Civil Code and, through it, how extra-civilian elements are embodied in a fundamentally civilian legal system. This book will appeal to scholars and students of property law, comparative law, and others with specific interests in law and politics in China.
Author | : Jianfu Chen |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 792 |
Release | : 2015-12-22 |
Genre | : Law |
ISBN | : 9047423437 |
Download Chinese Law: Context and Transformation Book in PDF, ePub and Kindle
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.
Author | : Vivek Jain |
Publisher | : Taylor & Francis |
Total Pages | : 486 |
Release | : 2022-05-30 |
Genre | : Law |
ISBN | : 1000579719 |
Download Comparative Analysis of Interim Measures – Interim Remedies (England & Wales) v Preservation Measures (China) Book in PDF, ePub and Kindle
Interim remedies and provisional measures are a critical component of civil/commercial litigation and arbitration. The objective of this book is to set out not just the law and practice in relation to the primary interim remedies and preservation measures available in England & Wales and China, but also to provide the comparative analysis between the two jurisdictions concerning these interim measures. The system for interim remedies in England & Wales is well-established, but preservation measures in China are a work in progress and many differences exist between the two legal systems, both in terms of theory and practice. For example, China does not recognise the general concept of interim measures, if looked at from the English law point of view, though it does have similar concepts of Property preservation, evidence preservation and behaviour preservation. China has recently adopted Chinese Civil Code 2020 and in writing this book the authors have incorporated all the relevant elements from the new Code. There is no equivalent of Practice Directions in China, and this book provides provide much needed clarity on this area, drawing together the law and guidance which is presently scattered across numerous local courts in the different provinces. This is an important book that is likely to have a significant impact on existing scholarship regarding interim remedies in England, Wales and China, and be of interest of all parties involved in cross-border litigation. Its readership will include industry professionals, academics, policy-makers and government officials.
Author | : Larry A. DiMatteo |
Publisher | : Cambridge University Press |
Total Pages | : 545 |
Release | : 2017-10-26 |
Genre | : Law |
ISBN | : 1107176328 |
Download Chinese Contract Law Book in PDF, ePub and Kindle
A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
Author | : Anol Bhattacherjee |
Publisher | : CreateSpace |
Total Pages | : 156 |
Release | : 2012-04-01 |
Genre | : Science |
ISBN | : 9781475146127 |
Download Social Science Research Book in PDF, ePub and Kindle
This book is designed to introduce doctoral and graduate students to the process of conducting scientific research in the social sciences, business, education, public health, and related disciplines. It is a one-stop, comprehensive, and compact source for foundational concepts in behavioral research, and can serve as a stand-alone text or as a supplement to research readings in any doctoral seminar or research methods class. This book is currently used as a research text at universities on six continents and will shortly be available in nine different languages.
Author | : Andrew Scobell |
Publisher | : Rand Corporation |
Total Pages | : 155 |
Release | : 2020-07-27 |
Genre | : History |
ISBN | : 1977404200 |
Download China’s Grand Strategy Book in PDF, ePub and Kindle
To explore what extended competition between the United States and China might entail out to 2050, the authors of this report identified and characterized China’s grand strategy, analyzed its component national strategies (diplomacy, economics, science and technology, and military affairs), and assessed how successful China might be at implementing these over the next three decades.
Author | : P. G. Monateri |
Publisher | : Edward Elgar Publishing |
Total Pages | : 339 |
Release | : 2012-01-01 |
Genre | : Law |
ISBN | : 1781005117 |
Download Methods of Comparative Law Book in PDF, ePub and Kindle
Comprising an array of distinguished contributors, this pioneering volume of original contributions explores theoretical and empirical issues in comparative law. The innovative, interpretive approach found here combines explorative scholarship and research with thoughtful, qualitative critiques of the field. The book promotes a deeper appreciation of classical theories and offers new ways to re-orient the study of legal transplants and transnational codes. Methods of Comparative Law brings to bear new thinking on topics including: the mutual relationship between space and law; the plot that structures legal narratives, identities and judicial interpretations; a strategic approach to legal decision making; and the inner potentialities of the 'comparative law and economics' approach to the field. Together, the contributors reassess the scientific understanding of comparative methodologies in the field of law in order to provide both critical insights into the traditional literature and an original overview of the most recent and purposive trends. A welcome addition to the lively field of comparative law, Methods of Comparative Law will appeal to students and scholars of law, comparative law and economics. Judges and practitioners will also find much of interest here.
Author | : Alex Stone (Of BluePath Labs) |
Publisher | : |
Total Pages | : 0 |
Release | : 2020 |
Genre | : China |
ISBN | : |
Download China's Military-Civil Fusion Strategy Book in PDF, ePub and Kindle