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Corollary of the doctrine of the separation of powers and pillar of the rule of law, the principle of the independence of the judiciary is of great importance, especially in the Western legal tradition. Her analysis, focused on China, cannot be separated from an understanding of the reality in which it must be applied, from the knowledge of the legal class, the relations between the powers of the state and the history of the Communist Party. The purpose of this work is therefore to define the independence and professionalism of the Chinese judge at a regulatory level, framing the two concepts in a historical context and with comparisons with Western dynamics in order to recover the ultimate purpose of the judicial function: the impartiality of the decision.
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Corollary of the doctrine of the separation of powers and pillar of the rule of law, the principle of the independence of the judiciary is of great importance, especially in the Western legal tradition. Her analysis, focused on China, cannot be separated from an understanding of the reality in which it must be applied, from the knowledge of the legal class, the relations between the powers of the state and the history of the Communist Party. The purpose of this work is therefore to define the independence and professionalism of the Chinese judge at a regulatory level, framing the two concepts in a historical context and with comparisons with Western dynamics in order to recover the ultimate purpose of the judicial function: the impartiality of the decision.
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Corollary of the doctrine of the separation of powers and pillar of the rule of law, the principle of the independence of the judiciary is of great importance, especially in the Western legal tradition. Her analysis, focused on China, cannot be separated from an understanding of the reality in which it must be applied, from the knowledge of the legal class, the relations between the powers of the state and the history of the Communist Party. The purpose of this work is therefore to define the independence and professionalism of the Chinese judge at a regulatory level, framing the two concepts in a historical context and with comparisons with Western dynamics in order to recover the ultimate purpose of the judicial function: the impartiality of the decision.
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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 st
Comparative law. --- Law --- Methodology.
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Comparative law --- Human rights --- Criminology. Victimology
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We can only claim to understand another legal system when we know the context surrounding the positive law in which lawyers are trained. To avoid ethnocentricity and superficiality, we must go beyond judicial decisions, doctrinal writings and the black-letter law of codes and statutes and probe the 'deeper structures' where law meets cultural, political, socio-economic factors. It is only when we acquire such awareness and knowledge of the critical factors affecting both the backgrounds and implications of rules that it becomes possible to control the present and possibly future developments of the world's legal institutions. This collection of essays aims to provide the reader with a fundamental understanding of the dynamic relationship between the law and its cultural, political and socio-economic context.
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Comparative law --- International private law --- European Union
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