Constitutional Law in China

Constitutional Law in China

Author: Xu Chongde

Publisher: Kluwer Law International B.V.

Published: 2019-02-14

Total Pages: 206

ISBN-13: 9403507322

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in China provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in China will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.


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.


Implementation of Law in the People's Republic of China

Implementation of Law in the People's Republic of China

Author: Jianfu Chen

Publisher: BRILL

Published: 2021-08-04

Total Pages: 386

ISBN-13: 9004481184

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China, after some twenty years of reform, is no longer a country without law. Indeed, one may legitimately complain that there are too many laws that are changing too rapidly. However, law acquires no life nor performs its intended social functions without proper implementation and enforcement. Here, few people, Chinese or foreign, are content with the general situation of implementation of law in China. The problems and difficulties in implementing and enforcing laws and regulations are reported and discussed in the various forums of the Chinese media almost on a daily basis, and often reported in Western media also. Academics in China are filling the pages of various legal journals with their diagnoses and analyses of the causes of, and solutions to, the lack of proper implementation of law, and legal regulations and policy measures are being issued to deal with these problems and to overcome the difficulties. The future of the rule of law in China, as we are so often reminded by scholars of Chinese politics and law, largely depends on the proper implementation and enforcement of law. This is a book about `law-in-action' in China, that is, it focuses on the administration of the law as a process through which `law-in-the-books' is put into action and, hence, is made to perform its intended social functions. It deals with the process, the institutional settings (the players), and the political, economic, social, and cultural settings (the factors) involved in the administration of law in China. Throughout the book, we will see a variety of problems and difficulties involved in implementing and enforcing laws and regulations that are identified and analyzed by the contributors. We will also see analyses on legal regulations and policy measures that have been issued to rectify the many identified problems, to raise the standard of actual implementation of law, and to improve the functioning of the various law-implementing/enforcing authorities. Additionally, the book provides various case studies on implementation of law in China. The present book, we believe, is among the first collective efforts at a systematic and comprehensive study of the implementation of law in China, and we hope that it will stimulate many more such studies - studies on the actual operation and impact of law on society and on individuals.


The Law of the Seabed

The Law of the Seabed

Author: Catherine Banet

Publisher:

Published: 2020

Total Pages: 0

ISBN-13: 9789004391550

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Characterizing the seabed : a geoscience perspective / Alvar Braathen and Harald Brekke -- Deep-sea ecosystems : biodiversity and anthropogenic impacts / Eva Ramirez-Llodra -- A short human history of the ocean floor / Håkon With Andersen -- Setting maritime limits and boundaries : experiences from Norway / Harald Brekke -- The seabed in the high north : how to address conflicts? / Alexander S. Skaridov -- Current human impact on Antarctic seabed environment and international law / Y.E. Brazovskaya and G.F. Ruchkina -- Commercial mining activities in the deep seabed beyond national jurisdiction : the international legal framework / Joanna Dingwall -- Framework legislation for commercial activities in the area / Erik Røsæg -- Maritime security and deep seabed beyond national jurisdiction / Edwin Egede -- The rights to genetic resources beyond national jurisdiction : challenges for the ongoing negotiations at the United Nations / Tullio Scovazzi -- Marine genetic resources : a practical legal approach to stimulate research, conservation and benefit sharing / Morten Walløe Tvedt -- Deep-sea bottom fisheries and the protection of seabed ecosystems : problems, progress and prospects / Richard Caddell -- Review of national legislations applicable to seabed mineral resources exploitation / Saul Roux and Catherine Horsfield -- European Union law and the seabed / Finn Arnesen, Rosa Greaves, and Alla Pozdnakova -- China's domestic law on the exploration and development of resources in deep seabed areas / Chelsea Zhaoxi Chen -- Implementation of article 82 of the United Nations Convention on the law of the sea : the challenge for Canada / Aldo Chircop -- The use of sub-seabed transboundary geological formations for the disposal of carbon dioxide / Nigel Bankes -- Decommissioning of offshore installations : a fragmented and ineffective international regulatory framework / Seline Trevisanut -- Re-using (nearly) depleted oil and gas fields in the North Sea for CO2 storage : seizing or missing a window of opportunity? / Martha M. Roggenkamp -- International investment law and the regulation of the seabed / James Harrison -- Navigating legal barriers to mortgaging energy installations at sea : the case of the North Sea and the Netherlands / Jaap J.A. Waverijn -- Crossing the sectoral divide : modern environmental law tools for addressing conflicting uses on the seabed / Rosemary Rayfuse -- Commercial arrangements and liability for crossing pipelines, power cables and telecom cables (connectors) on the seabed / Lars Olav Askheim -- Balancing competing interests when building marine energy infrastructures : the case of the nord stream pipelines / David Langlet -- Liability and compensation for activities in the area / Kristoffer Svendsen.


The Limits of the Rule of Law in China

The Limits of the Rule of Law in China

Author: Karen G. Turner

Publisher: University of Washington Press

Published: 2015-05-01

Total Pages: 384

ISBN-13: 0295803894

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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. Using data from the early 19th century through the contemporary period, they analyze how tension between formal laws and discretionary judgment is discussed and manifested in the Chinese context. The contributions cover a wide range of topics, from interpreting the rationale for and legacy of Qing practices of collective punishment, confession at trial, and bureaucratic supervision to assessing the political and cultural forces that continue to limit the authority of formal legal institutions in the People’s Republic of China.


Human Rights In The People's Republic Of China

Human Rights In The People's Republic Of China

Author: Yuan-li Wu

Publisher: Routledge

Published: 2019-04-10

Total Pages: 307

ISBN-13: 0429721978

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This book examines the effects that political institutions, the legal system, and economic policies have had on the human rights record in the PRC since 1949. The authors first address the problems of assessing political liberties in a nation that emphasizes economic over civil rights and that has traditionally valued collective rights over individ


Building the Rule of Law in China

Building the Rule of Law in China

Author: Lin Li

Publisher: Elsevier

Published: 2017-03-21

Total Pages: 353

ISBN-13: 008102231X

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Building the Rule of Law in China explores the idea that China needs a more globalized and diversified vision for the science of law, presenting the need to think differently from the two major western mainstream legal cultures, the Anglo-American and the continental systems. Other globalized, universalized, and diversified models and experiences in the rule of law from diverse civilizations have much to offer China. Through learning from the strengths exhibited by systems in countries with a very developed and well-organized rule of law, and absorbing essential aspects from different countries, China might be well positioned to promote the development of the rule of law in a robust and comprehensive manner. 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. Explores the situation of rule of law in China as it currently stands Presents a case that China must look beyond the two western systems of law for a more globalized vision Gives analysis on the contemporary situation, and insight into the near future Presents a particular perspective on the rule of law in China by a scholar closely involved with its actual development Translates into English, providing a new and valuable perspective to an English speaking readership


Constitutional Courts in Asia

Constitutional Courts in Asia

Author: Hongyi Chen

Publisher: Cambridge University Press

Published: 2018-09-20

Total Pages: 407

ISBN-13: 110719508X

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A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.


Consumer Protection Law

Consumer Protection Law

Author: Geraint Howells

Publisher: Routledge

Published: 2017-09-08

Total Pages: 667

ISBN-13: 1351949276

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This fully revised and updated second edition of Consumer Protection Law introduces the reader to the substantive law of consumer protection in the United Kingdom, the emphasis being on the place of United Kingdom law within an evolving European legal system and also on the need to draw upon comparative experience. The book not only seeks to place consumer protection in its purely black-letter context but also draws upon wider readings to show that consumer protection law is a complex area of law which reflects and shapes the individual citizen's position within the modern economy.