China’s legal system is vast and complex, and robust scholarship on the subject is difficult to obtain. Inside China’s Legal System provides readers with a comprehensive look at the system including how it works in practice, theoretical and historical underpinnings, and how it might evolve. The first section of the book explains the Communist Party’s utilitarian approach to law: rule by law. The second section discusses Confucian and Legalist views on morality, law and punishment, and the influence such traditional Chinese thinking has on contemporary Chinese law. The third section focuses on the roles of key players (including judges, prosecutors, lawyers, and legal academics) in the Chinese legal system. The fourth section offers Chinese legal case studies in civil, criminal, administrative, and international law. The book concludes with a comparison of China’s fundamental governing and legal principles with those of the United States, in such areas as checks and balances, separation of powers, and due process. Uses extensive legal materials and historical documents generally unavailable to Western based academics Gives insider knowledge, including first-hand experience teaching law, and close involvement with judges, attorneys, and law professors in China Analyses legal issues from historical and cultural perspectives holistically
In addition to a selection of his academic writings, this unique book also includes many of He Weifang’s public speeches, media interviews, and open letters, providing additional insight into his dual roles as thinker and practitioner in ...
In this compelling analysis, noted legal scholar Pitman Potter examines the ideals and practices of China’s legal regime, in light of international standards and local conditions.
Intellectual property law and practice in China has changed dramatically since the first edition of this influential book published in 2005.
Research from Archival Case Records starts from legal practice instead and links the past to the present.
In The Limits of the Rule of Law in China, fourteen authors from different academic disciplines reflect on questions that have troubled Chinese and Western scholars of jurisprudence since classical times.
[H]igher standards in the relevant regards [have been] built into the moral culture of our civilisation.5 Thus, human rights were not part ... Hans-Georg Gadamer, Truth and Method, translated by J. Weinsheimer and D.G. Marshall (London: ...
This book explores the topic from several perspectives, giving the reader an up-to-date resource on the ever-evolving vision for the science of law in China.
Provides an in-depth study of the ideological and organisational features of China's legal system, as it is embedded in the Party-state.
This comprehensive study examines the development and changing characteristics of the judicial system and reform process over the past three decades in China.
Annotation View the Table of Contents .nbsp;nbsp;nbsp;Read the Introduction .>