Fundamental Legal Concepts of China and the West PDF Download

Author: Hyung I. Kim
Publisher: Kennikat Press
ISBN:
Category : Law
Languages : en
Pages : 200

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Book Description
This work focuses on the concepts of natural law, equity or justice, and right and responsibility in traditional Chinese law.

Author: Guofu Liu
Publisher: BRILL
ISBN: 9047411854
Category : Law
Languages : en
Pages : 448

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Book Description
Although the Right to Leave and Return (RLR) is a fundamental human right, each State has the sovereign right to regulate RLR in accordance with its own laws. In the case of China, the country’s communist political system has significantly affected the development of RLR and the country’s approach to it. As a rule, China’s approach is restrictive. As part of its reform and ‘opening up’ policies, China has embarked on a range of reforms to liberalise RLR, but the reforms lack cohesion and focus, and remain restrictive. Given its past and its complex social and economic conditions, China may have some justifications for its approach, but on balance, has more to gain from adopting a more liberal approach. The issue of RLR in China is crucial both for the future of China, and for development of RLR in the world. The Right to Leave and Return (RLR) and Chinese Migration Law provides a comprehensive and systematic review of the RLR in international and Chinese migration law. It has been written on the basis of Chinese statutes pertinent to the RLR, also of relevant international instruments and key cases. It investigates RLR in international migration law and practice; analyses RLR in the context of China, and identifies its driving factors; investigates the conditions and practical concerns relevant to the protection of RLR; and concludes with recommendations on how the Chinese regulatory regime governing RLR can be improved.

Author: Karla W. Simon
Publisher: Oxford University Press
ISBN: 0190297646
Category : Law
Languages : en
Pages : 560

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Book Description
This is the definitive book on the legal and fiscal framework for civil society organizations (CSOs) in China from earliest times to the present day. Civil Society in China traces the ways in which laws and regulations have shaped civil society over the 5,000 years of China's history and looks at ways in which social and economic history have affected the legal changes that have occurred over the millennia. This book provides an historical and current analysis of the legal framework for civil society and citizen participation in China, focusing not merely on legal analysis, but also on the ways in which the legal framework influenced and was influenced in turn by social and economic developments. The principal emphasis is on ways in which the Chinese people - as opposed to high-ranking officials or cadres -- have been able to play a part in the social and economic development of China through the associations in which they participate. Civil Society in China sums up this rather complex journey through Chinese legal, social, and political history by assessing the ways in which social, economic, and legal system reforms in today's China are bound to have an impact on civil society. The changes that have occurred in China's civil society since the late 1980's and, most especially, since the late 1990's, are nothing short of remarkable. This volume is an essential guide for lawyers and scholars seeking an in depth understanding of social life in China written by one of its leading experts.

Author: Ronald C. Keith
Publisher: Springer
ISBN: 1349131105
Category : Political Science
Languages : en
Pages : 300

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Book Description
The 'rule of law' is more than the mere existence and application of law within the sphere of state activity. Contemporary Chinese debate on the 'rule of law' underlines the limiting of arbitrary government, the materialisation of 'human rights', legal protection of 'rights and interests' and the principle of equality in the impartial legal mediation of conflicts within society's 'structure of interests'. Based upon China interviews and a comprehensive survey of the domestic press and Chinese-language legal journal materials, this book places pre- and post-Tiananmen Square legal reform in political context. The evolving contents of specific laws across the departments of constitutional, administrative, criminal, civil and economic law are assessed in light of the politics and intellectual dynamic of China's legal circles in their struggle to create a 'rule of law'.

Author: Stanley B. Lubman
Publisher: Stanford University Press
ISBN: 9780804743785
Category : Law
Languages : en
Pages : 464

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Book Description
This book analyzes the principal legal institutions that have emerged in China and considers implications for U.S. policy of the limits on China's ability to develop meaningful legal institutions.

Author: De Roo
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041103598
Category : Law
Languages : en
Pages : 240

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Book Description
This is the second volume in the series "Yearbook Law & Legal Practice" "in East Asia," which addresses the legal systems of this important region and provides an insight into some of the most topical issues in East Asian law and practice. The overall focus of the series is on the legal aspects of doing business in East Asia, although legal issues of a more general nature may also be included where these are relevant for a better understanding of the particular legal culture concerned. The majority of the contributions to this major work comes from legal practitioners and scholars specialising in East Asian business law.

Author: Annie J De Roo
Publisher: Martinus Nijhoff Publishers
ISBN: 9004635726
Category : Law
Languages : en
Pages : 229

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Book Description
This is the second volume in the series Yearbook Law & Legal Practice in East Asia, which addresses the legal systems of this important region and provides an insight into some of the most topical issues in East Asian law and practice. The overall focus of the series is on the legal aspects of doing business in East Asia, although legal issues of a more general nature may also be included where these are relevant for a better understanding of the particular legal culture concerned. The majority of the contributions to this major work comes from legal practitioners and scholars specialising in East Asian business law.

Author: Junwu Pan
Publisher: BRILL
ISBN: 9047427742
Category : Law
Languages : en
Pages : 256

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Book Description
This book offers a legal perspective of settlement of China’s territorial and boundary disputes against the new background of China’s increasingly integrating itself into global economic, political and legal systems.

Author: Roberto Toniatti
Publisher: Routledge
ISBN: 1135070016
Category : Law
Languages : en
Pages : 329

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Book Description
Regional Autonomy, Cultural Diversity and Differentiated Territorial Government assesses the current state of the international theory and practice of autonomy in order to pursue the possibility of regional self-government in Tibet. Initiated by a workshop and roundtable with political representatives from different autonomous regions, including His Holiness the 14th Dalai Lama, this book brings together a group of distinguished international scholars to offer a much-needed enquiry into solutions to the Tibetan quest for ‘genuine’ autonomy. Examining the Chinese framework of regional self-government, along with key international cases of autonomy in Europe, North America and Asia, the contributors to this volume offer a comprehensive context for the consideration of both Tibetan demands and Chinese worries. Their insights will be invaluable to academics, practitioners, diplomats, civil servants, government representatives, international organisations and NGOs interested in the theory and practice of autonomy, as well as those concerned with the future of Tibet.

Author: Shao-chuan Len
Publisher: State University of New York Press
ISBN: 1438410506
Category : Political Science
Languages : en
Pages : 352

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Book Description
The post-Mao commitment to modernization, coupled with a general revulsion against the lawlessness of the Cultural Revolution, has led to a significant law reform movement in the People's Republic of China. China's current leadership seeks to restore order and morale, to attract domestic support and external assistance for its modernization program, and to provide a secure, orderly environment for economic development. It has taken a number of steps to strengthen its laws and judicial system, among which are the PRC's first substantive and procedural criminal codes. This is the first book-length study of the most important area of Chinese law—the development, organization, and functioning of the criminal justice system in China today. It examines both the formal aspects of the criminal justice system—such as the court, the procuracy, lawyers, and criminal procedure—and the extrajudicial organs and sanctions that play important roles in the Chinese system. Based on published Chinese materials and personal interviews, the book is essential reading for persons interested in human rights and laws in China, as well as for those concerned with China's political system and economic development. The inclusion of selected documents and an extensive bibliography further enhance the value of the book.