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Law, in particular its actual functioning in any given society, is above all a part of the culture of that society, a part of its historical, political, social and intellectual creation. If a "black-letter" approach towards law in the West is under increasing criticism, it is particularly unhelpful, if not misleading, in understanding Chinese law, its nature and developments. Rather, to understand Chinese law one needs to examine the Chinese legal traditions, the prevailing political and economic situations, party policies on economic reform and tolerance towards political liberalisation, and scholarly discussions and debate. This is the approach of this book. Its aim is to put Chinese law "in context", to outline the nature and status of its development, and more.
Law --- Law reform --- Droit --- Réforme --- -Law reform --- -340 <51> --- Legal reform --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Réforme --- 340 <51> --- S08/0350 --- China: Law and legislation--General works and codices: since 1949
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Law --- Law reform --- Droit --- Réforme --- S08/0350 --- S08/0200 --- China: Law and legislation--General works and codices: since 1949 --- China: Law and legislation--General works and codices: traditional --- Réforme --- Droit chinois --- Chine --- Introduction --- Historique --- Droit constitutionnel --- Sources --- Droit administratif --- Droit pénal --- Procédure pénale --- Droit civil --- Propriété --- Famille --- Contrat --- Droit économique et commercial --- Droit financier et banquier --- Régulation des marchés --- Propriété intellectuelle --- Commerce international --- Investissements internationaux --- Evolution
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Courts --- Justice, Administration of --- Law --- Administration of justice --- Judiciary --- Law and legislation --- Dispute resolution (Law) --- Judicial districts --- Procedure (Law) --- Judicial power --- Jurisdiction
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Administrative law --- Business enterprises --- Civil law --- Persons (Law) --- Property --- Security (Law) --- Law and legislation
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Eight years of changes in China have passed since the publication of the previous highly successful edition of this book. These changes have not just been about economic development. Among the many transformations there has been another quiet, peaceful, and largely successful (but far from perfect) ‘revolution’ in the area of law, whose deficiencies have been more often mercilessly examined and documented than have its historical achievements and significance. This legal ‘revolution’ is the subject matter of the present book. Like the previous edition, it 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, offering an outline of the main features of contemporary Chinese law and a clearer understanding of its nature from a developmental perspective. It offers comprehensive coverage of topics such as: ‘legal culture’ and modern law reform, constitutional law, legal institutions, law-making, administrative law, criminal law, criminal procedure law, civil law, property, family law, contracts, law on business entities, securities, bankruptcy, intellectual property, law on foreign investment and trade, and implementation of law. Fully revised, updated and considerably expanded, this editon of Chinese Law: Context and Transformation is a valuable and important resource for reasearchers, policy-makers and teachers alike.
Law --- Law reform
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"Criminal law features most prominently throughout the history of China. It applies to Chinese as well as foreigners. The increasing number of foreign people caught in the Chinese criminal justice system highlights the importance of an understanding of the Chinese criminal justice system. Equally critical in the understanding of Chinese society is an understanding of the role of criminal law and its practice in the protection or abuse of human rights in China. Criminal Law and Criminal Procedure Law in the People's Republic of China provides the most up-to-date and full translation of the Chinese Criminal Law and Criminal Procedure Law. The translation is accompanied by a comprehensive introduction to the Chinese criminal justice system, its evolution and development."--Publisher
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Criminal law features most prominently throughout the history of China. It applies to Chinese as well as foreigners. The increasing number of foreign people caught in the Chinese criminal justice system highlights the importance of an understanding of the Chinese criminal justice system. Equally critical in the understanding of Chinese society is an understanding of the role of criminal law and its practice in the protection or abuse of human rights in China. Criminal Law and Criminal Procedure Law in the People's Republic of China provides the most up-to-date and full translation of the Chinese Criminal Law and Criminal Procedure Law. The translation is accompanied by a comprehensive introduction to the Chinese criminal justice system, its evolution and development.
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