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National Space Law in China

An Overview of the Current Situation and Outlook for the Future

Series:

Yun Zhao

China has made rapid developments in space technologies and space activities in the last few years, however, it still lags behind in the legal arena. In order to provide guidelines for and promote further development of space activities, China should speed up its national space legislation process. In National Space Law in China, Yun Zhao offers a comprehensive study of national space laws, regulations and policies in China. It contains rich information and materials of China’s space law and practice. As the first English monograph on national legislation on space law in China, this book shall contribute to the understanding of China’s current legal regime for space activities and future national space legislation.

The Chinese Cornerstone of Modern Banking

The Canton Guaranty System and the Origins of Bank Deposit Insurance 1780-1933

Series:

Frederic Delano Grant, Jr.

Modern bank insurance is traced to its roots in The Chinese Cornerstone of Modern Banking: The Canton Guaranty System and the Origins of Bank Deposit Insurance 1780-1933. Frederic Delano Grant, Jr. provides new understandings of the Canton System, collective responsibility for debt at Canton, and the history of deposit insurance.

The Canton Guaranty System inspired radical reform in New York in 1829 – the ancestor of all modern deposit insurance. Yet it was never the success imagined, and soon failed. In the Opium War, the Chinese government as implicit guarantor was forced to pay its debts in full on 23 July 1843. The afflictions of the Chinese system, including moral hazard, too big to fail, and unenforced laws, remain familiar today.

The History and Theory of Legal Practice in China

Toward a Historical-Social Jurisprudence

Series:

Edited by Philip C.C. Huang and Kathryn Bernhardt

The History and Theory of Legal Practice in China: Toward a Historical-Social Jurisprudence goes beyond the either/or dichotomy of Chinese vs. Western law, tradition vs. modernity, and the substantive-practical vs. the formal. It does so by proceeding not from abstract legal texts but from the realities of legal practice. Whatever the declared intent of a law, it must in actual application adapt to social realities. It is the two dimensions of representation and practice, and law and society, that together make up the entirety of a legal system. The assembled articles by the editors and a new generation of Chinese scholars illustrate a new “historical-social jurisprudence,” and explore the possible conceptual underpinnings of a modern Chinese legal system that would both accommodate and integrate the unavoidable paradoxes of contemporary China.

Towards a Chinese Civil Code

Comparative and Historical Perspectives

Series:

Edited by Lei Chen and C.H. (Remco) van Rhee

Currently, China is drafting its new Civil Code. Against this background, the Chinese legal community has shown a growing interest in various legal and legislative ideas from around the world. Within this context, the present book aims at providing the necessary historical and comparative legal perspectives. It concentrates on substantive private law and civil procedure, both in China and in other jurisdictions. These perspectives are of considerable importance for the present codification work. Additionally, the book is dedicated to commemorating the centennial of the first Western-influenced and civil law-oriented Civil Code of China, the Da Qing Min Lü Cao An of 1911.

The following topics are addressed: property law, contract law, tort law and civil procedure. The book also contains contributions on codification experiences in Europe and on the concept of codification in general. The topics are discussed by leading Chinese and international scholars. Most of the Chinese contributors have taken part in preparing the Chinese Draft Civil Code.

The book is the outcome of a conference organized by the Centre for Chinese and Comparative Law (RCCL), School of Law, City University of Hong Kong, in October 2010.

International Law as World Order in Late Imperial China

Translation, Reception and Discourse, 1847-1911

Series:

Rune Svarverud

This is the first systematic analysis of the early introduction and reception of international law as a Western political and legal science in China. International law in late imperial China is studied both as part of the introduction of the Western sciences and as a theoretical orientation in international affairs between 1847 and 1911. The first chapters serve the purpose of analysing the political, institutional, intellectual and linguistic process of adapting the theories of international law to the Chinese context language. The second major part of the book is dedicated to the discourse on China and world order within this framework.