- Table View
- List View
Chinese Law and Its International Projection: Building a Community with a Shared Future for Mankind (Understanding China)
by Maria Francesca StaianoThis book aims to explore the construction of Chinese law, with an evolution that has been strongly inspired by international law that has functioned as a "pioneer of legal civilization" in China. Chinese law is a fluid sedimentation of traditional elements of Chinese culture and the internalization of external elements.The internal dimension of Chinese legal evolution therefore coincides with a progressive incursion also at the international level, questioning the traditional rules of international relations. The most relevant and comprehensive concept that has been proposed by China in recent years is certainly the idea of building a "community of shared future for mankind." This aspiration demonstrates a global and integral vocation of international law capable of embracing relations of a new type, towards a multi-polar democratization of international relations, which mark the need for the beginning of a new era.
Chinese Law of Personality Rights I: Theory and Practice (China Perspectives)
by Wang Liming Shi JiayouThis 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 I: Theory and Practice (China Perspectives)
by Wang Liming and Shi JiayouThis 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: Codification Experience (China Perspectives)
by Wang Liming Shi JiayouThis 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 II: Codification Experience (China Perspectives)
by Wang Liming Shi JiayouThis 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 Lawmaking: From Non-communicative To Communicative (Understanding China)
by Peng HeDr Peng He in her book addresses various issues, drawing on Western and Chinese sources for her argument for a ‘communicative’ theory of law making. This book is both timely and important in the Chinese context. Her argument depends upon the insight that what is important in societies is not just representative democracy but ‘voice’ - the opportunity for individuals to be heard and bring their input into official systems. More than that, she argues that this can also take further the idea of living by the rules as something that is not to be seen as narrow Legalism but as something more akin to living ‘righteously’ – a view which is resonant with parts of Chinese legal thought. This book is also important in the present Chinese context in another way. The developing economy necessitates substantial legal reform. But applying Western models to China can often be naïve and not fully fulfil their intended purpose. Peng He’s work addresses this by looking at the process of legislation in connection with legal reform. It is grounded in a sound theoretical reflection of both the process of legal transplantation and the process of law making, and looks both at Western and Chinese sources. Such an approach needs to draw from several intellectual traditions and it is this interdisciplinary, foundational research that is the task Dr He has set herself in her project. Her theory will provide an abstract theoretical framework that is sensitive to local conditions, while at the same time incorporating insights on law reform from a broad range of disciplines. Her research is of direct practical relevance for reforming the legislative process in China. ——Professor Zenon Bańkowski The University of Edinburgh
Chinese Legal Culture and Constitutional Order (Routledge Studies in Asian Law)
by Shiping HuaThis book examines China’s striving for a constitutional order in the 20th century from comparative, historical, and theoretical perspectives. Through a comprehensive study of six major constitutional reforms experienced by China in the last century, Shiping Hua explores pragmatism, instrumentalism, statism, and favoritism as the key features of the Chinese legal culture. Demonstrating that these characteristics have roots in China’s ancient past and coincide with modern communist legal theory, it argues that Chinese legal culture has greatly impacted upon the country’s move to modernize its legal system. By analyzing key constitutional periods in China’s history, this book also evaluates patterns that can be used to better comprehend not only China’s present legal reform but its future legal developments too. As the first book to examine how the Chinese legal culture has affected constitutional reform in the 20th century, Chinese Legal Culture and Constitutional Order will be useful to students and scholars of Asian and constitutional law, as well as Chinese Studies more generally. Winner of the 2019 ACPSS (Association of Chinese Professors of Social Sciences in the United States) Best Scholarly Publication Award for Original Research.
Chinese Legal Culture and Constitutional Order (Routledge Studies in Asian Law)
by Shiping HuaThis book examines China’s striving for a constitutional order in the 20th century from comparative, historical, and theoretical perspectives. Through a comprehensive study of six major constitutional reforms experienced by China in the last century, Shiping Hua explores pragmatism, instrumentalism, statism, and favoritism as the key features of the Chinese legal culture. Demonstrating that these characteristics have roots in China’s ancient past and coincide with modern communist legal theory, it argues that Chinese legal culture has greatly impacted upon the country’s move to modernize its legal system. By analyzing key constitutional periods in China’s history, this book also evaluates patterns that can be used to better comprehend not only China’s present legal reform but its future legal developments too. As the first book to examine how the Chinese legal culture has affected constitutional reform in the 20th century, Chinese Legal Culture and Constitutional Order will be useful to students and scholars of Asian and constitutional law, as well as Chinese Studies more generally. Winner of the 2019 ACPSS (Association of Chinese Professors of Social Sciences in the United States) Best Scholarly Publication Award for Original Research.
Chinese Legal Tradition Under the Mongols: The Code of 1291 as Reconstructed (PDF)
by Paul Heng-chao Ch'enThe evolution of China's legal tradition was one of the most striking aspects of the transformation of Chinese civilization under Mongolian domination. Paul Ch'en's exploration of the legal system of the Yuan dynasty (1271-1368) and its first substantial legal code (the Chih-yuan hsin-ko, or Chih-yiian New Code) provides a key to our understanding of the impact of the Mongols on traditional Chinese law and society.Originally published in 1979.The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Chinese Legal Translation: An Analysis of Conditional Clauses in Hong Kong Bilingual Ordinances (Routledge Studies in Chinese Translation)
by Wang YanChinese Legal Translation analyses and investigates the Chinese translation of conditional clauses introduced by various introductory words in Hong Kong bilingual ordinances within the framework of descriptive translation studies and translation typology. This book explores the text typology of Hong Kong bilingual ordinances and highlights differences and similarities between different translations of conditional clauses in the Hong Kong context. Based on both quantitative and qualitative analysis of conditional clauses of the Companies Ordinance, the book summarises the frequency of introductory words of conditional clauses and generalises guiding patterns for writing conditional clauses and translating conditional clauses. The book is significant in providing both theoretical foundations for legal translation and practical guidance for translating legal conditional clauses. This book is primarily targeted for scholars and professionals who are interested in legal writing and legal translation, as well as for students and practitioners in legal translation.
Chinese Legal Translation: An Analysis of Conditional Clauses in Hong Kong Bilingual Ordinances (Routledge Studies in Chinese Translation)
by Wang YanChinese Legal Translation analyses and investigates the Chinese translation of conditional clauses introduced by various introductory words in Hong Kong bilingual ordinances within the framework of descriptive translation studies and translation typology. This book explores the text typology of Hong Kong bilingual ordinances and highlights differences and similarities between different translations of conditional clauses in the Hong Kong context. Based on both quantitative and qualitative analysis of conditional clauses of the Companies Ordinance, the book summarises the frequency of introductory words of conditional clauses and generalises guiding patterns for writing conditional clauses and translating conditional clauses. The book is significant in providing both theoretical foundations for legal translation and practical guidance for translating legal conditional clauses. This book is primarily targeted for scholars and professionals who are interested in legal writing and legal translation, as well as for students and practitioners in legal translation.
Chinese Legality: Ideology, Law, and Institutions (Routledge Studies on Comparative Asian Politics)
by Shiping HuaChinese Legality focuses on the concept of "legality" as a lens through which to look at Chinese legal reforms, making a valuable contribution to the argument that law has historically been used as a tool to control society in China. This book discusses how Chinese legality in the Xi Jinping era is defined from a theoretical, ideological, historical, and cultural point of view. Covering vitally important events such as Xi’s term limit issue, the Hong Kong protests and the Covid-19 pandemic, the book examines how legality is reflected and embodied in laws and constitutions, and how legality is realized through institutions, with particular focus on how the CCP interacts with the legislature, the judiciary, the procuratorate, and the police. As a study of the legal reforms under Xi Jinping, this book will be of interest to students and scholars of Chinese politics and law.
Chinese Legality: Ideology, Law, and Institutions (Routledge Studies on Comparative Asian Politics)
by Shiping HuaChinese Legality focuses on the concept of "legality" as a lens through which to look at Chinese legal reforms, making a valuable contribution to the argument that law has historically been used as a tool to control society in China. This book discusses how Chinese legality in the Xi Jinping era is defined from a theoretical, ideological, historical, and cultural point of view. Covering vitally important events such as Xi’s term limit issue, the Hong Kong protests and the Covid-19 pandemic, the book examines how legality is reflected and embodied in laws and constitutions, and how legality is realized through institutions, with particular focus on how the CCP interacts with the legislature, the judiciary, the procuratorate, and the police. As a study of the legal reforms under Xi Jinping, this book will be of interest to students and scholars of Chinese politics and law.
Chinese Maritime Cases: Selection for Year of 2014 (Chinese Maritime Cases Series)
by Martin Davies Jiang LinThis book selects leading, innovative and influential Chinese maritime judgments and presents full translation of them, with brief summary, to the readers so that they can have insights of how the Chinese maritime judges interpret, apply and develop Chinese maritime law in practice. China trades with other states in trillions of USD every year, and about 95% of the cargoes are carried by ocean-going ships calling at hundreds of Chinese ports each single day. Due to the enormous and steadily growing trade volume and shipping activities, foreign ships, companies and persons are often caught by the Chinese maritime law and court. The parties involved and their lawyers are more than ever enthusiastic to study Chinese maritime cases in order to deal with their own cases properly or, if possible, predict the potential problems and avoid the disputes outright. The book is appealing to and benefits worldwide law students, academics, practitioners and industrial people in the shipping, trade, insurance and financial fields. The book remedies to certain extent the situation that there is lack of authoritative sources available to foreign personnel to look into how Chinese justice system functions.
Chinese Maritime Cases: Selection for Year of 2015 (Chinese Maritime Cases Series)
by Martin Davies Jiang LinThis book selects leading, innovative and influential Chinese maritime judgments and presents full translation of them, with brief summary, to the readers so that they can have insights of how the Chinese maritime judges interpret, apply and develop Chinese maritime law in practice. China trades with other states in trillions of USD every year, and about 95% of the cargoes are carried by ocean-going ships calling at hundreds of Chinese ports each single day. Due to the enormous and steadily growing trade volume and shipping activities, foreign ships, companies and persons are often caught by the Chinese maritime law and court. The parties involved and their lawyers are more than ever enthusiastic to study Chinese maritime cases in order to deal with their own cases properly or, if possible, predict the potential problems and avoid the disputes outright. The book is appealing to and benefits worldwide law students, academics, practitioners and industrial people in the shipping, trade, insurance and financial fields. The book remedies to certain extent the situation that there is lack of authoritative sources available to foreign personnel to look into how Chinese justice system functions.
Chinese Maritime Cases: Selection for Year of 2016 (Chinese Maritime Cases Series)
by Martin Davies Jiang LinThis book selects leading, innovative and influential Chinese maritime judgments and presents full translation of them, with brief summary, to the readers so that they can have insights of how the Chinese maritime judges interpret, apply and develop Chinese maritime law in practice. China trades with other states in trillions of USD every year, and about 95% of the cargoes are carried by ocean-going ships calling at hundreds of Chinese ports each single day. Due to the enormous and steadily growing trade volume and shipping activities, foreign ships, companies and persons are often caught by the Chinese maritime law and court. The parties involved and their lawyers are more than ever enthusiastic to study Chinese maritime cases in order to deal with their own cases properly or, if possible, predict the potential problems and avoid the disputes outright. The book is appealing to and benefits worldwide law students, academics, practitioners and industrial people in the shipping, trade, insurance and financial fields. The book remedies to certain extent the situation that there is lack of authoritative sources available to foreign personnel to look into how Chinese justice system functions.
Chinese Maritime Cases: Selection for Year of 2017 (Chinese Maritime Cases Series)
by Martin Davies Jiang LinThis book selects leading, innovative and influential Chinese maritime judgments and presents full translation of them, with brief summary, to the readers so that they can have insights of how the Chinese maritime judges interpret, apply and develop Chinese maritime law in practice. China trades with other states in trillions of USD every year, and about 95% of the cargoes are carried by ocean-going ships calling at hundreds of Chinese ports each single day. Due to the enormous and steadily growing trade volume and shipping activities, foreign ships, companies and persons are often caught by the Chinese maritime law and court. The parties involved and their lawyers are more than ever enthusiastic to study Chinese maritime cases in order to deal with their own cases properly or, if possible, predicate the potential problems and avoid the disputes outright. The book is appealing to and benefits worldwide law students, academics, practitioners and industrial people in the shipping, trade, insurance and financial fields. The book remedies to certain extent the situation that there is lack of authoritative sources available to foreign personnel to look into how Chinese justice system functions.
Chinese Marriage and Social Change: The Legal Abolition of Concubinage in Hong Kong
by Max WL WongThis book provides a comparative account of the abolition of concubinage in East Asia, offering a new perspective and revised analysis of the factors leading to – and the debates surrounding – the introduction of a new Marriage Reform Ordinance in Hong Kong in 1971. It uses this law as a platform to examine how the existence of concubinage – long preserved in the name of protecting Chinese traditions and customs — crucially influenced family law reforms, which were in response to a perceived need to create a ‘modern’ marriage system within Hong Kong’s Chinese community after the Second World War. This was, by and large, the result of continued pressure from within Hong Kong and from Britain to bring Hong Kong’s marriage system in line with international marriage treaties. It represented one of the last significant intrusions of colonial law into the private sphere of Hong Kong social life, eliminating Chinese customs which had been previously recognised by the colonial legal system’s family law. This book contextualizes the Hong Kong situation by examining judicial cases interpreting Chinese customs and the Great Qing Code, offering a comprehensive understanding of the Hong Kong situation in relation to the status of concubines in Republican China and other East Asian jurisdictions. It will be of particular interest to teachers and students of law, as well as researchers in gender studies, post-colonialism, sociology and cultural studies.
Chinese Merger Control Law: An Assessment of its Competition-Policy Orientation after the First Years of Application (Munich Studies on Innovation and Competition #2)
by Tingting Weinreich-ZhaoOn 1 August 2008 the Chinese Anti-Monopoly Law entered into force, introducing a comprehensive framework for competition law to the Chinese market. One set of the new rules pertains to merger control. China’s Ministry of Commerce (MOFCOM) was nominated as the authority responsible for enforcing merger control in China and has been actively doing so ever since. Recent years have established China as one of the most important merger filing jurisdictions for cross-border mergers alongside the EU and USA. This work evaluates the Chinese merger control law regime and MOFCOM’s decision-making practice after more than five years of application. In particular, it assesses which policy goals (competition policy goals or industrial policy considerations) prevail in the written law and its application and provides suggestions for a further improvement of the law – with the aim to develop a transparent merger control regime that promotes long-term economic growth in China.
Chinese Multilateralism in the Asian Infrastructure Investment Bank (Modern China and International Economic Law)
by Bin GuThis book reflects the latest legal development of the Asian Infrastructure Investment Bank (AIIB), and makes direct and positive responses—it uses first-hand, authoritative information and makes insightful and persuasive analyses in addressing those concerns.In particular, this book provides nuanced analysis of the following topics:— capital allocation of the AIIB, in comparison with those of Bretton Woods institutions;— dynamic relationship between the shareholder board and management, a central topic of corporate governance for the AIIB and other MDBs;— AIIB’s environmental and social safeguards, including its frontier ESG portfolio investments, in comparison with the World Bank standards;— highly debatable issues relating to the interaction between AIIB, Belt and Road, and MCDF;— comparative study of state-owned enterprises in the laws of AIIB, WTO, ICSID, etc..This book targets academics, students, policymakers, and businesscircles who are interested in AIIB, given the bank’s growing importance in the context of global economic governance reforms. First, the book is a must for those who are keen to gain insight into the AIIB. Ten years have passed since the debut of the idea of AIIB in 2013, and the topic has never retreated from the debate of the international community—a major concern is whether a China-led multilateral development bank (MDB) remains to be politically neutral, or professional, and can live up to high standards.
The Chinese Must Go: Violence, Exclusion, and the Making of the Alien in America
by Beth Lew-WilliamsThe American West erupted in anti-Chinese violence in 1885. Following the massacre of Chinese miners in Wyoming Territory, communities throughout California and the Pacific Northwest harassed, assaulted, and expelled thousands of Chinese immigrants. Beth Lew-Williams shows how American immigration policies incited this violence and how the violence, in turn, provoked new exclusionary policies. Ultimately, Lew-Williams argues, Chinese expulsion and exclusion produced the concept of the “alien” in modern America. The Chinese Must Go begins in the 1850s, before federal border control established strict divisions between citizens and aliens. Across decades of felling trees and laying tracks in the American West, Chinese workers faced escalating racial conflict and unrest. In response, Congress passed the Chinese Restriction Act of 1882 and made its first attempt to bar immigrants based on race and class. When this unprecedented experiment in federal border control failed to slow Chinese migration, vigilantes attempted to take the matter into their own hands. Fearing the spread of mob violence, U.S. policymakers redoubled their efforts to keep the Chinese out, overhauling U.S. immigration law and transforming diplomatic relations with China. By locating the origins of the modern American alien in this violent era, Lew-Williams recasts the significance of Chinese exclusion in U.S. history. As The Chinese Must Go makes clear, anti-Chinese law and violence continues to have consequences for today’s immigrants. The present resurgence of xenophobia builds mightily upon past fears of the “heathen Chinaman.”
The Chinese Must Go: Violence, Exclusion, and the Making of the Alien in America
by Beth Lew-WilliamsThe American West erupted in anti-Chinese violence in 1885. Following the massacre of Chinese miners in Wyoming Territory, communities throughout California and the Pacific Northwest harassed, assaulted, and expelled thousands of Chinese immigrants. Beth Lew-Williams shows how American immigration policies incited this violence and how the violence, in turn, provoked new exclusionary policies. Ultimately, Lew-Williams argues, Chinese expulsion and exclusion produced the concept of the “alien” in modern America. The Chinese Must Go begins in the 1850s, before federal border control established strict divisions between citizens and aliens. Across decades of felling trees and laying tracks in the American West, Chinese workers faced escalating racial conflict and unrest. In response, Congress passed the Chinese Restriction Act of 1882 and made its first attempt to bar immigrants based on race and class. When this unprecedented experiment in federal border control failed to slow Chinese migration, vigilantes attempted to take the matter into their own hands. Fearing the spread of mob violence, U.S. policymakers redoubled their efforts to keep the Chinese out, overhauling U.S. immigration law and transforming diplomatic relations with China. By locating the origins of the modern American alien in this violent era, Lew-Williams recasts the significance of Chinese exclusion in U.S. history. As The Chinese Must Go makes clear, anti-Chinese law and violence continues to have consequences for today’s immigrants. The present resurgence of xenophobia builds mightily upon past fears of the “heathen Chinaman.”
The Chinese National Spirit: The Core of a Spiritual Home
by Kang OuyangThis book discusses the Chinese nation’s spiritual home in a modern context. It analyzes various aspects of the problem, including background, theory, history, recent advances and solutions, from a global view. In discussing the development of Chinese national spirit, it also refers to western experiences of national culture and national spirit. To build the spiritual home, the traditional culture, values and faith need to be learned, analyzed and adapted to the modern context. Doing so helps to maintain the traditional characteristics while at the same time reinforcing new characteristics. This model can be applied to many countries around the globe. Additionally, the author points out that in the construction of Chinese national spirit it is also important to consider positive elements from different cultures in other nations.
Chinese Oil Enterprises in Latin America Corporate Social Responsibility (PDF)
by Wenyuan WuThis book focuses on corporate social responsibility (CSR) records of Chinese oil investments in five Latin American countries: Peru, Ecuador, Argentina, Colombia, and Venezuela. These investments have been spearheaded by China’s national oil companies and their behavior has been scantly studied. The author uses comparative case studies to empirically examine existing theories of CSR. By using oil companies as the basic unit of analysis, this project adds a micro-level dimension to the field of China-Latin America relationship. It is ideal for audiences interested in the political economy of the oil industry, China, Latin America, and corporate social responsibility.
Chinese Patent Law: A Practical Guide
Numerous non-Chinese entities seek patents in China, and allegations of infringement are not uncommon. In this invaluable guide to Chinese patent law and the rules applicable to infringement challenges, the authors—all members of a leading Chinese law firm with wide experience in advising foreign clients—bring their experience in real-world patent litigation, reinforced with an abundance of relevant case law, in order to introduce the Chinese patent regime in a systematic and practical manner. In their thorough analysis of the scope of protection of patent rights and invalidation procedures, supported throughout by detailed examination of patent infringement lawsuits, the authors clarify such essential elements of Chinese patent law practice as the following: assertion of a claim; choosing the basis of the right to sue; publicity of claims; principle of internal interpretation priority; correction of ambiguity in a claim; interpretation of claims defined by preparation methods; defining the effect of a sequence of steps of a process claim; meaning of "persons of ordinary skill in the art"; concept of "means plus function"; application of the All Elements Rule; determination of functional features; and doctrine of equivalents. Each doctrine and the underlying principle is thoroughly examined with reference to relevant court decisions. With this eminently practical and authoritative guide, corporate counsel and patent lawyers will proceed confidently through the Chinese patent application system, assess risks and opportunities, understand how precedents might affect their case, protect their rights in China once they have a patent, and handle infringement proceedings with full awareness of applicable principles and procedures.