Eight years of changes in China have passed since the publication of the previous highly successful edition of this book. These changes have not just been about economic development. Among the many transformations there has been another quiet, peaceful, and largely successful (but far from perfect) ‘revolution’ in the area of law, whose deficiencies have been more often mercilessly examined and documented than have its historical achievements and significance. This legal ‘revolution’ is the subject matter of the present book. Like the previous edition, it examines the historical and politico-economic context in which Chinese law has developed and transformed, focusing on the underlying factors and justifications for changes. It attempts to sketch the main trends in legal modernisation in China, offering an outline of the main features of contemporary Chinese law and a clearer understanding of its nature from a developmental perspective. It offers comprehensive coverage of topics such as: ‘legal culture’ and modern law reform, constitutional law, legal institutions, law-making, administrative law, criminal law, criminal procedure law, civil law, property, family law, contracts, law on business entities, securities, bankruptcy, intellectual property, law on foreign investment and trade, and implementation of law. Fully revised, updated and considerably expanded, this editon of Chinese Law: Context and Transformation is a valuable and important resource for reasearchers, policy-makers and teachers alike.
Jianfu Chen, LLM (Hon I), PhD (Law, 1994), the University of Sydney, is Professor of Law at La Trobe University School of Law. He has published extensively on Chinese law, international trade law, and legal globalisation.
Preface; Acknowledgements; Abbreviations; Introduction; Chapter One: Legal Culture, State Orthodoxy And The Modernisation Of Law; Chapter Two: Experience Of Law In The Prc; Chapter Three: Constitutional Law; Chapter Four: Legal Institutions; Chapter Five: Sources Of Law And Law-Making; Chapter Six: Administrative Law; Chapter Seven: Criminal Law; Chapter Eight: Criminal Procedure Law; Chapter Nine: Civil Law: Development And General Principles; Chapter Ten: Civil Law: Property; Chapter Eleven: Civil Law: Family; Chapter Twelve: Civil Law: Contracts; Chapter Thirteen: Law On Business Entities; Chapter Fourteen: Securities Law; Chapter Fifteen: Enterprise Bankruptcy Law; Chapter Sixteen: Intellectual Property Law; Chapter Seventeen: Foreign Trade and Investment Law; Chapter Eighteen: Implementation Of Law; Conclusion; Select Bibliography; Index.
All those interested in Chinese law, Chinese society, legal modernisation in China, and comparative law.