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The China Legal Development Yearbook, Volume 1

On the Development of Rule of Law in China

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Edited by Yuwen W. Li, Jun Feng, Minyuan Wang, Yuzhang Wu, Guangxin Zhang and Hailin Zou

This first English volume of The China Legal Development Yearbook features reports on and analyses of a wide range of topics vital to the development of China's legal system, including: criminal law, judicial administration, labor regulations, environmental law, public health law, and issues of corruption. The yearbook is edited by the Institute of Law at the Chinese Academy of Social Sciences, and also includes contributions from practitioners within the Chinese legal system.

Series:

Edited by Yuwen W. Li

This volume of the China Legal Development Yearbook is the second in a series of annual reports written by leading Chinese law and legal policy scholars and judges. It is edited by the Institute of Law at the Chinese Academy of Social Sciences. The Yearbook contains reports on law reform priorities, major legal policy debates and an account of legislation proposed and passed in 2006. This Yearbook features reports on those legal reforms seeking to strengthen the rule of law and to make the administration of justice more “people-oriented”. It contains articles and reports on reforms made to improve the standard of judicial justice, reforms to the criminal justice system, as well as evaluations of the functioning of systems of administrative litigation, review and state compensation. Chapters also address human rights issues and analyse current problems relating to dispute resolution. This Yearbook provides a valuable insight into contemporary debates in China about the substance, direction and priorities of legal reform.

The China Legal Development Yearbook, Volume 3

On the Development of Rule of Law in China (2008)

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Edited by Lin Li

This volume of The China Legal Development Yearbook is the third in a series of annual reports written by leading Chinese law and legal policy scholars and judges to appear in English translation. It is edited by scholars at the Institute of Law of the Chinese Academy of Social Sciences. This 2008 yearbook reviews major legal developments in 2007, including law reform priorities, major legal policy debates and newly enacted legislation. It also provides reports on administrative, judicial and prosecutorial reforms, the practice of public law, the death penalty, compensation for victims of crimes, human rights, the law of labor contracts, the antimonopoly law, administrative charges, food and drug safety, and intellectual property. This yearbook provides valuable insight into contemporary debates in China about the substance, direction and priorities of legal reform.

Series:

Edited by Lin Li

This volume of The China Legal Development Yearbook is the fourth in a series of annual reports written by leading Chinese law and legal policy scholars and judges to appear in English translation. It is edited by scholars at the Institute of Law of the Chinese Academy of Social Sciences. This 2009 yearbook reviews major legal developments in 2008, including law reform priorities, major legal policy debates and newly enacted legislation. It also provides reports on food safety, penal law, tax law, earthquake legislation, credit card regulation, procuratorate system reform, medical reform, legal education, and disclosure under the law. This yearbook provides valuable insight into contemporary debates in China about the substance, direction and priorities of legal reform.

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Edited by Lin Li

This volume of the China Legal Development Yearbook marks the 60th anniversary of the founding of the PRC. Various aspects of law and regulation that are giving shape to China’s legal system are examined in this volume of the Yearbook. The editors present an informative and comprehensive volume, covering both general topics such as administrative law reform, as well as analysing a number specific areas of interest such as military law and the new food safety regime. 2009 was also a year when the full impact of the global financial crisis (GFC) was felt in China’s economy and society. Some of the chapters in this volume reflect upon aspects of these challenges with chapters on legislative responses to social instability and crime as well as on economic reform.

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Edited by Chris Carey, Ifigeneia Giannadaki and Brenda Griffith-Williams

This timely volume brings together leading scholars and rising researchers in the field to examine the role played by the law in thinking and practice in the legal system of classical Athens. The aim is not to find a single perspective or method for the study of Athenian law but to explore the subject from a variety of different angles. The focus of the collection on ‘use and abuse’ raises fundamental questions about the status of law in the Athenian constitution as well as the use of law(s) in the courts, the nature of law itself, and the elusiveness of a definition of ‘abuse’. An introduction sketches the major developments in the field over the last century.

Comparative Discrimination Law

Age as a Protected Ground

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Lucy Vickers

This comparative review of age as a protected ground in discrimination law explores the underpinning questions and themes related to two main dimensions of age discrimination. The first dimension is structural, economic and labour market driven, whereby age is used to allocate a range of rights, obligations and benefits within society. The second is the social justice and equality dimension, in which age is understood as an aspect of individual identity that is worthy of protection against indignity or detriment. The review then considers the law on age discrimination in a number of jurisdictions, the EU law, the UK, Sweden, USA, Canada and South Africa, and assesses the extent to which the underpinning questions explain the developing case law.

Other titles published in this series:
- Comparative Discrimination Law: Historical and Theoretical Frameworks, Laura Carlson; isbn 9789004345447
- International Human Rights Law and Discrimination Protections; A Comparison of Regional and National Responses, Mpoki Mwakagali; isbn 9789004345461

Comparative Discrimination Law

Historical and Theoretical Frameworks

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Laura Carlson

Human history is marked by group and individual struggles for emancipation, equality and self-expression. This first volume in the Brill Research Perspectives in Comparative Discrimination Law briefly explores some of the history underlying these efforts in the field of discrimination law. A broad discussion of the historical development of issues of discrimination is first set out, looking at certain international, regional and national bases for modern discrimination legal structures. Several of the theoretical frameworks invoked in a comparative discrimination law analysis are then addressed, either as institutional frameworks or theories addressing specific protection grounds. This first volume is dedicated to setting out an introduction to the field of comparative discrimination law to give the reader a platform from which to undertake further reading and research in the compelling topic of comparative discrimination law.

Reason and Fairness

Constituting Justice in Europe, from Medieval Canon Law to ECHR

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Ulrike Müßig

Throughout Europe, the exercise of justice rests on judicial independence by impartiality. In Reason and Fairness Ulrike Müßig reveals the combination of ordinary judicial competences with procedural rationality, together with the complementarity of procedural and substantive justice, as the foundation for the ‘rule of law’ in court constitution, far earlier than the advent of liberal constitutionalism. The ECHR fair trial guarantee reads as the historically-grown consensus of the functional judicial independence. Both before historical and contemporary courts, justice is done and seen to be done by means of judgements, whose legal requirements combine the equation of ‘fair’ and ‘legal’ with that of ‘legal’ and ‘rational.’ This legal determinability of the judge’s fair attitude amounts to the specific (rational) European idea of justice.

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Hyunjin Kim

Korean divorce law still adheres to fault-based divorce. According to a majority of the Supreme Court, the main reason for not admitting a no-fault policy is that the preconditions for systems for financially protecting the spouse and children after divorce have not yet been satisfied in Korea. However, there is not much time left, so we must use this golden time for preparing protective measures for divorced women and their children, through legislative efforts. Re-conceptualizing pension entitlements as the object of property division through Court rulings and legislation deserves to be highly evaluated. It is also noteworthy that a belated but wise establishment of the state agency to enforce child support obligations and its soft landing may be seen.