Chinese law : context and transformation / by Jianfu Chen.

Format:

Book

Author/Creator:

Chen, Jianfu, 1960-

Language:

English

Subjects (All):

Law--China.

Law.

Law reform--China.

Law reform.

Physical Description:

1 online resource (1131 p.)

Edition:

Revised and Expanded Edition

Place of Publication:

Leiden, The Netherlands ; Boston : Brill Nijhoff, [2016]

Summary:

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 edition of Chinese Law: Context and Transformation is a valuable and important resource for reasearchers, policy-makers and teachers alike.

Contents:

Preliminary material

Introduction

Legal Culture, State Orthodoxy and the Modernisation of Law

Experience of Law in the PRC

Constitutional Law

Legal Institutions and the Administration of Justice and Law

Sources of Law and Law-making

Administrative Law

Criminal Law

Criminal Procedure Law

Civil Law: Development and General Principles

Civil Law: Property

Civil Law: Family

Civil Law: Contracts

Civil Law: Torts

Law on Business Entities

Securities and Futures Law

Enterprise Bankruptcy Law

Intellectual Property Law

Foreign Trade and Investment Law

China’s Outbound Direct Investment

Dispute Settlement

Implementation and Enforcement of Law

Conclusion

Select Bibliography

Index.

Notes:

Description based upon print version of record.

Includes bibliographical references (p. 1032-1087) and index.

ISBN:

90-04-22889-6

Publisher Number:

10.1163/9789004228894 DOI