Selected Cases from the Supreme People’s Court of the People’s Republic of China
Selected Cases from the Supreme People’s Court of the People’s Republic of China

Author: Law Press China for

Publisher: Springer

Published: 2020-11-26

Total Pages: 402

ISBN-13: 9789811503443

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This volume includes guiding cases of the Supreme People’s Court, cases deliberated on by the Judicial Council/Committee of the Supreme People’s Court, and cases discussed at the Joint Meetings of Presiding Judges from the various tribunals. This book is divided into four sections, including Cases by Justices, Selected Judicial Opinion(s), “Hot Cases” and “Typical Cases”, which will introduce readers to Chinese legal processes, legal methodologies and ideology in an intuitive, clear, and accurate manner.This volume presents cases selected by the trial departments of the Supreme People’s Court of China from their concluded cases. In order to give full weight to the legal value and social functions of cases from the Supreme People’s Court, and to achieve the goal of “serving the trial practices, serving economic and social development, serving legal education and legal scholarship, serving international legal exchanges among Chinese and foreign legal communities and serving the rule of law in China”, the China Institute of Applied Jurisprudence, with the approval of the Supreme People’s Court, opted to publish “Selected Cases from the Supreme People’s Court of the People’s Republic of China” in both Chinese and English, for domestic and overseas distribution.

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.

China's Supreme Court
China's Supreme Court

Author: Ronald C. Keith

Publisher: Routledge

Published: 2013-10-23

Total Pages: 395

ISBN-13: 1134666071

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This book examines the learning curve of the People's Supreme Court of China as an expanding Chinese national institution that has played a key role in the struggle for the rule of law in China. Within the unity of state administration and the requirements of the constitution, the court has negotiated the changing tension between politics and law through improvising new formats of interpretation and supervision in response to the changing priorities of revolution and market reform.

Embedded Courts
Embedded Courts

Author: Kwai Hang Ng

Publisher: Cambridge University Press

Published: 2017-10-26

Total Pages: 263

ISBN-13: 1108420494

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A study of the decision-making process of Chinese courts and the non-legal forces and regional factors that influence judicial outcomes.

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.

China's Supreme Court
China's Supreme Court

Author: Ronald C. Keith

Publisher: Routledge

Published: 2013-10-23

Total Pages: 248

ISBN-13: 1134666004

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This book examines the learning curve of the People's Supreme Court of China as an expanding Chinese national institution that has played a key role in the struggle for the rule of law in China. Within the unity of state administration and the requirements of the constitution, the court has negotiated the changing tension between politics and law through improvising new formats of interpretation and supervision in response to the changing priorities of revolution and market reform.

Disciplining Judges
Disciplining Judges

Author: Richard Devlin

Publisher: Edward Elgar Publishing

Published: 2021-01-29

Total Pages: 384

ISBN-13: 1789902371

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Globally, countries are faced with a complex act of statecraft: how to design and deploy a defensible complaints and discipline regime for judges. In this collection, contributors provide critical analyses of judicial complaints and discipline systems in thirteen diverse jurisdictions, revealing that an effective and legitimate regime requires the nuanced calibration of numerous public values including independence, accountability, impartiality, fairness, reasoned justification, transparency, representation, and efficiency.

The Chinese Must Go
The Chinese Must Go

Author: Beth Lew-Williams

Publisher: Harvard University Press

Published: 2018-02-26

Total Pages: 361

ISBN-13: 0674976010

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Beth Lew-Williams shows how American immigration policies incited violence against Chinese workers, and how that violence provoked new exclusionary policies. Locating the origins of the modern American "alien" in this violent era, she makes clear that the present resurgence of xenophobia builds mightily upon past fears of the "heathen Chinaman."

Inside China's Legal System
Inside China's Legal System

Author: Chang Wang

Publisher: Chandos Publishing

Published: 2013-10-31

Total Pages: 391

ISBN-13: 0857094610

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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

Human Rights in China
Human Rights in China

Author: Eva Pils

Publisher: John Wiley & Sons

Published: 2017-11-10

Total Pages: 256

ISBN-13: 1509500731

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How can we make sense of human rights in China's authoritarian Party-State system? Eva Pils offers a nuanced account of this contentious area, examining human rights as a set of social practices. Drawing on a wide range of resources including years of interaction with Chinese human rights defenders, Pils discusses what gives rise to systematic human rights violations, what institutional avenues of protection are available, and how social practices of human rights defence have evolved. Three central areas are addressed: liberty and integrity of the person; freedom of thought and expression; and inequality and socio-economic rights. Pils argues that the Party-State system is inherently opposed to human rights principles in all these areas, and that – contributing to a global trend – it is becoming more repressive. Yet, despite authoritarianism's lengthening shadows, China’s human rights movement has so far proved resourceful and resilient. The trajectories discussed here will continue to shape the struggle for human rights in China and beyond its borders.