On the Constitutionality of Compiling a Civil Code of China PDF Download
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Author: Zhu Wang
Publisher: Springer Nature
ISBN: 9811379009
Category : Law
Languages : en
Pages : 351
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Book Description
This book explains the urgent necessity to compile a Civil Code and calls for constitutional awareness in compiling that Civil Code, highlighting the need for it to be done in a democratic and scientific manner. It advocates “Pragmatic Methods” as a new approach to compiling a Civil Code of China and shares the author’s thoughts on the constitutionality of compiling a Civil Code, explains the object that is to be judged in terms of its constitutionality, and the constitutionality of legal interpretation, of legislative procedures and of legal application. The book also illustrates the author’s “mode of the codifying of non-basic laws” for compiling a Civil Code, and includes a detailed discussion on compiling a Civil Code to reveal how many valid laws there are China – a matter that is of vital importance to the compilation of the Civil Code.The Appendix includes statistics on the number of civil cases classified according to causes of actions, based on “Judicial Opinions of China” website, which is the first step of the author’s plan to investigate civil customs reflected in judgment documents with the help of big-data analytical methods.
Author: Zhu Wang
Publisher: Springer Nature
ISBN: 9811379009
Category : Law
Languages : en
Pages : 351
Get Book Here
Book Description
This book explains the urgent necessity to compile a Civil Code and calls for constitutional awareness in compiling that Civil Code, highlighting the need for it to be done in a democratic and scientific manner. It advocates “Pragmatic Methods” as a new approach to compiling a Civil Code of China and shares the author’s thoughts on the constitutionality of compiling a Civil Code, explains the object that is to be judged in terms of its constitutionality, and the constitutionality of legal interpretation, of legislative procedures and of legal application. The book also illustrates the author’s “mode of the codifying of non-basic laws” for compiling a Civil Code, and includes a detailed discussion on compiling a Civil Code to reveal how many valid laws there are China – a matter that is of vital importance to the compilation of the Civil Code.The Appendix includes statistics on the number of civil cases classified according to causes of actions, based on “Judicial Opinions of China” website, which is the first step of the author’s plan to investigate civil customs reflected in judgment documents with the help of big-data analytical methods.
Author: Durham Law School
Publisher: BRILL
ISBN: 9004468285
Category : Business & Economics
Languages : en
Pages : 477
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Book Description
This contribution provides the important and timely bilingual version of the Chinese Civil Code and the Supreme People’s Court’s Judicial Interpretation of the Temporal Effect of the Civil Code. Providing translations by a diverse group of esteemed legal scholars, on Contract Law, Tort Law, Marriage, Family and Succession Law, General and Personality Provisions and Property Law, this unique resource will be important for all those with an interest in Chinese Law.
Author: Wang Liming
Publisher: Taylor & Francis
ISBN: 100064930X
Category : Law
Languages : en
Pages : 205
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Book Description
This volume is a collection of articles on the codification experience of China’s Law of Personality Rights, explaining the design of the Law as well as its innovations. As the second volume of a two-volume set that elucidates the theory, practice, and codification of the Law in China, the book explains the legal advancement of the Law of Personality Rights as a standalone part of the Civil Code of China. This includes innovative legislative thinking, law system arrangements, rule designs, and a systematic refinement of the provisions of personality rights in terms of nature, system, types, content, exercising rules and protection methods. Regarding the implementation of the Law, the book points out that personality rights are changing with the times so a more complete system of legal interpretation should be built. The final three chapters are appraisals of different versions of the draft law, with amendments to some articles advanced based on shortcomings and omissions. The book will be an essential reference to scholars and students studying civil law, continental law, Chinese law, and the legal protection of personality rights.
Author: Zhengxu Wang
Publisher: Routledge
ISBN: 1000202364
Category : Political Science
Languages : en
Pages : 225
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Book Description
As China enters its proclaimed ‘New Era’ under President Xi Jinping, this book examines changes and continuity in social relations and political development, investigating new developments against the backdrop of continuations of long-term trends and previous policies. What has remained outside many scholarly discussions is a larger backdrop of continuity, into which the policies of Xi Jinping’s administration are inserted to further shape social, economic and political trajectories in contemporary China. Presented as a volume of methodologically diverse studies exploring some of the key aspects of social and political development in contemporary China, its authors examine the structural factors that continue to exert influence on China’s trajectory – in the ‘New Era’, as before – at the deeper and subtler levels. This is the first publication of its kind to focus on how continuity and change interplay under Xi; it enables readers to appreciate both genuine novelties and the enduring, long-term trends, as well as to estimate future trends in the proclaimed ‘New Era’ and beyond. Social Relations and Political Development in China will be of significant interest to students and scholars of Chinese studies, political science and sociology.
Author: Wang Liming
Publisher: Taylor & Francis
ISBN: 1000607844
Category : Law
Languages : en
Pages : 177
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Book Description
This volume is a collection of up-to-date, authoritative essays on China’s Law of Personality Rights, its impact in practice and its legal background. The Law of Personality Rights was enacted in China in May 2020, the first time that the Law has been legislated as an independent part of the Civil Code of the People's Republic of China, marking an unprecedented step in protecting the personality rights of citizens. As the first volume of a two-volume set that elucidates the theory, practice and codification experience of the Law in China, the book examines the basis for the Law as a standalone part of the Civil Code, its overall framework and the delimitation and formation of the Law. In terms of practical aspects, the contributors delve into institutional arrangements, the relationship between human rights and personality rights, and the relationship with laws on tort liability, as well as those pertaining to marriage and the family. The book will be an essential reference to scholars and students studying civil law, continental law, Chinese law and the legal protection of personality rights.
Author: Hongyi Chen
Publisher: Cambridge University Press
ISBN: 110719508X
Category : Law
Languages : en
Pages : 407
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Book Description
A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.
Author: Julio César Rivera
Publisher: Springer Science & Business Media
ISBN: 9400779429
Category : Law
Languages : en
Pages : 477
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Book Description
This detailed analysis of the content and configuration of civil codes in diverse jurisdictions also examines their relationship with some branches of private law as: family law, commercial law, consumer law and private international law. It analyzes the codification, decodification and recodification processes illuminating the dialogue between current codes – and private law legislation in general – with Constitutions and International Conventions. The commentary elucidates the changing requirements of civil law as it shifted from an early protection of patrimony to a support for commercial and contractual law. It also explains the varying trajectories of civil law, which in some jurisdictions was merged with religious legal tenets in its codification of familial relations, while in others it was fused with commercial law or, indeed, codified from scratch as a discrete legal corpus. Elsewhere, the volume provides material on differing approaches to consumer law, where relevant legislation may be scattered across numerous statutes, and also on private international law, a topic of increasing relevance in a world where business corporations have interests in multiple jurisdictions (and often play one off against another). The volume features invited contributions from leading scholars in the field of private law brought together for an in depth analysis of the current regulatory attitude in this field of the law in jurisdictions with diverse legal systems and traditions. In current times we are witnessing the adoption of diverging regulatory solutions. Through the analysis of the past and present of private law regulation, the volume unveils the underlying trends and relevance of the codification method across the world.
Author: Xianzhong Sun
Publisher: Springer Nature
ISBN: 9819711193
Category :
Languages : en
Pages : 399
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Book Description
Author: Jingwen Zhu
Publisher: Springer Nature
ISBN: 981198994X
Category : Law
Languages : en
Pages : 306
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Book Description
This book provides a systematic and detailed introduction to the formation process and current development of China's socialist legal system. The classification of the constitution and constitution-related laws, criminal law, civil and commercial law, administrative law, economic law, litigation and non-litigation procedural law, social law, and the specifics of each sector of law are explained, which is a good guide for understanding the framework of China's legal system and the study of each sector of jurisprudence.
Author: Shiping Hua
Publisher: Springer Nature
ISBN: 9811680329
Category : History
Languages : en
Pages : 309
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Book Description
This book is a study of the change and continuity in paradigms in China studies, both inside and outside of China. In the last few years, the United States and China appeared to be moving in the direction of “de-coupling,” indicating that the engagement policy with China in the last four decade is ending. The “modernization theory” that is the theoretical foundation of the engagement policy has proved to be insufficient. This situation calls for a reexamination of the field of China studies. Historically, scholarly paradigms shifts often went hand in hand with drastic social change. As we have entered an era of great uncertainty, it is constructive to reflect on the paradigms in China studies in the past and explore the possibility of new paradigms in the future. How are the shifts of major theories, methods and paradigms in China studies in the west related to social change? How did some of China’s paradigms impact on the country’s social change and developments? This book will appeal to a wide readership, including scholars and graduate students, upper division undergraduate students of China studies, Asian studies.
