Chinese Law of Personality Rights II
Chinese Law of Personality Rights II

Author: Wang Liming

Publisher: Taylor & Francis

Published: 2022-09-30

Total Pages: 205

ISBN-13: 100064930X

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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.

Chinese Law of Personality Rights I
Chinese Law of Personality Rights I

Author: Wang Liming

Publisher: Taylor & Francis

Published: 2022-07-29

Total Pages: 177

ISBN-13: 1000607844

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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.

Chinese Law of Personality Rights II
Chinese Law of Personality Rights II

Author: Wang Liming

Publisher: Routledge

Published: 2024-05-27

Total Pages: 0

ISBN-13: 9781032340708

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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.

The Civil Code of the People’s Republic of China
The Civil Code of the People’s Republic of China

Author: Durham Law School

Publisher: BRILL

Published: 2021-10-18

Total Pages: 477

ISBN-13: 9004468285

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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.

The Chinese Civil Code in the Global Legal Order
The Chinese Civil Code in the Global Legal Order

Author: Mauro Bussani

Publisher: BRILL

Published: 2024-08-06

Total Pages: 423

ISBN-13: 9004704426

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This volume offers a unique, comprehensive view of the contents, context and potential of the Civil Code that in 2021 entered into force in the People’s Republic of China. The twenty-three essays herein collected, authored by distinguished Chinese and non-Chinese scholars, describe inner and outer perceptions about the Chinese Civil Code and analyze its likely impact within and outside the country. In so doing, they shed light not only on the comparative origins of current Chinese rules, but also on the potential influence that these rules may have in comparative terms in the future.

The Legal Protection of Personality Rights
The Legal Protection of Personality Rights

Author: Ken Oliphant

Publisher: BRILL

Published: 2018-04-24

Total Pages: 237

ISBN-13: 900435171X

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This book aims to investigate the way in which personality rights are protected in China through a comparative and cross-cultural lens drawing on perspectives from Europe and elsewhere in the world. Currently, the question whether or not to incorporate a special law on personal rights – the right to life, the right to health, and the rights to reputation and privacy – into a future Chinese Civil Code is heatedly debated in the Chinese legal community. The essential topics that are addressed in this book include general issues of personality rights, personality rights in Constitutional law, personality rights in private law, the legislative development of personality rights in China, case studies of the right to privacy, personality rights in the mass media and the internet, competition law aspects of the right of publicity, the protection of patients’ personal information, and personality rights in the family context. The book offers a broad investigation of personality rights protection in both China and Europe and provides the first substantive comparison of the Chinese and European regimes. The project is conceived as a joint effort on the part of a carefully chosen team of Chinese and European academics, working closely together. The team consists of both senior scholars and young researchers led by well-known experts in the field of comparative tort law.

China's Legal System
China's Legal System

Author: Jingwen Zhu

Publisher: Springer Nature

Published: 2023-03-01

Total Pages: 306

ISBN-13: 981198994X

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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.

Towards a Chinese Civil Code
Towards a Chinese Civil Code

Author: Lei Chen

Publisher: Martinus Nijhoff Publishers

Published: 2012-11-13

Total Pages: 577

ISBN-13: 9004204873

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Currently, China is drafting its new Civil Code. Against this background, the Chinese legal community has shown a growing interest in various legal and legislative ideas from around the world. "Towards a Chinese Civil Code" aims at providing the necessary historical and comparative legal perspectives. The book addresses the following topics: property law, contract law, tort law and civil procedure.

Chinese Private International Law
Chinese Private International Law

Author: Xiaohong Liu

Publisher: Bloomsbury Publishing

Published: 2021-04-22

Total Pages: 357

ISBN-13: 1509924396

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Written with the assistance of a team of lecturers at the Shanghai University of Political Science and Law, this book is the leading reference on Chinese private international law in English. The chapters systematically cover the whole of Chinese private international law, not just questions likely to arise in commercial matters, but also in family, succession, cross-border insolvency, intellectual property, competition (antitrust), and environmental disputes. The chapters do not merely cover the traditional conflict of law areas of jurisdiction, applicable law (choice of law), and enforcement. They also look into conflict of law questions arising in arbitration and assess China's involvement in the harmonisation of private international law globally and regionally within the Belt and Road Initiative. Similarly to the Japanese and Indonesian volumes in the Series, this book presents Chinese conflict of laws through a combination of common and civil law analytical techniques and perspectives, providing readers worldwide with a more profound and comprehensive understanding of Chinese private international law.

Human Dignity in Asia
Human Dignity in Asia

Author: Jimmy Chia-Shin Hsu

Publisher: Cambridge University Press

Published: 2022-09-15

Total Pages: 407

ISBN-13: 1108881432

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Using interdisciplinary methods, this book is a pioneering exploration of Asian understandings of human dignity and human rights. It encompasses rigorous scrutiny of dignity jurisprudence in major Asian apex courts, detailed philosophical analysis of dignity in religious traditions, and contextualized socio-political analysis of religious dignity discourse in several Asian societies. This is an innovative systematic survey of how human dignity is understood in Asia, demonstrating how those understandings converge and diverge with other parts of the world. Synthesising legal, philosophical, and sociological expertise, this volume furthers the dialogue between Asia and the West, and advances debates on whether human rights are universal or particular to any one region. As many of the world's liberal democracies are challenged by polarization and populism, this comparative study of human dignity broadens our horizons and offers a potential alternative to a rigidified social imagination.