Dispute resolution reforms in China in the last decade or so have all centred around the strategy of establishing an integrated dispute resolution system as part of China’s modern governance system. This new integrated system, referred to as the ‘Mechanism for Pluralist Dispute Resolution (PDR)’ in China, serves as a dispute resolution system as well as a comprehensive social control mechanism. This book is the first academic attempt to explain the methods of civil and commercial dispute resolution in China from the perspective of PDR. It systematically and critically examines the development of China’s dispute resolution system, with each chapter analysing in detail the development and transformation of the different institutions, mechanisms and processes in their historical, politico-economic and comparative context.
Right, Power, and Faquanism, Tong Zhiwei proposes that right and power are ultimately a unified entity which can be named “faquan,” and that the purpose of law should be to establish a balanced faquan structure and to promote its preservation and proliferation. “Faquan” is thus a jurisprudential category reflecting the understanding of the unity of right and power. It has interest protected by the law and property with defined ownership as its content, and manifests itself as the external forms of jural right, freedom, liberty, jural power, public function, authority, competence, privilege, and immunity, etc. Faquanism relies mainly on six basic concepts (faquan, right, power, quan, residual quan and duty) to analyze the content of interests and property in all legal phenomena.
In A Question of Intent: Homicide Law and Criminal Justice in Qing and Republican China, Jennifer M. Neighbors uses legal cases from the local, provincial and central levels to explore both the complexity with which Qing law addressed abstract concepts and the process of adoption, adaptation, and resistance as late imperial law gave way to criminal law of the Republican period. This study reveals a Chinese justice system, both before and after 1911, that defies assignment to binary categories of modern and pre-modern law that have influenced much of past scholarship.
Mediation in Contemporary Chinese Civil Justice, Peter Chan offers one of the most comprehensive analyses of the system of mediation of civil and commercial disputes in contemporary China. Based on extensive interviews with judges and a survey on in-court mediation covering 24 courts in China, the author seeks to answer a question that interests many legal scholars: Is it practically feasible for the mediation of civil disputes in China to take the shape of genuine alternative dispute resolution, rather than being used by the courts as a means to preserve social stability? The book looks beyond procedural rules and examines how judicial culture and beliefs shape the landscape of civil dispute resolution in China.
Chinese Perspectives on Human Rights and Good Governance series reviews various aspects of human rights and good governance in China, including international human rights standards, specific substantive rights protection and rule of law, as well as constitutionalism, especially in the context of contemporary China. Its aim is to stimulate discussion on these and related topics, with a focus on international standards whenever these are applicable and relevant to China.
In this first volume in the series, the contributors adopt different disciplinary approaches to look at China both in the context of its internal constraints and as a global player in the overall development of human rights. Where is China headed in the near future? Does Chinese culture stand in contradiction to human rights? Is the rule of law alien to Chinese society? Can China move ahead without political reforms? In this thought-provoking volume, leading Chinese and Western scholars offer analysis of these issues, also with reference to Chinese history and contemporary culture.
Law, State, and Society in Early Imperial China has been accorded Honorable Mention status in the 2017 Patrick D. Hanan Prize (China and Inner Asia Council (CIAC) of the Association for Asian Studies) for Translation competition.
Law, State, and Society in Early Imperial China, Anthony J. Barbieri-Low and Robin D.S. Yates offer the first detailed study and translation into English of two recently excavated, early Chinese legal texts. The
Statutes and Ordinances of the Second Year consists of a selection from the long-lost laws of the early Han dynasty (206 BCE-220 CE). It includes items from twenty-seven statute collections and one ordinance. The
Book of Submitted Doubtful Cases contains twenty-two legal case records, some of which have undergone literary embellishment. Taken together, the two texts contain a wealth of information about slavery, social class, ranking, the status of women and children, property, inheritance, currency, finance, labor mobilization, resource extraction, agriculture, market regulation, and administrative geography.
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.
Chinese and Comparative Law Series is a refereed scholarly series dedicated to the publication of studies of Chinese law in English, including works solely on Chinese law or Chinese law in a comparative legal context. The series also welcomes edited volumes. It aims for critical analyses of Chinese law in a broad sense and the presentation of legal developments in China to an international audience of lawyers and non-lawyers. It welcomes studies in all areas of law and studies of an interdisciplinary nature. Titles in the Chinese and Comparative Law series will be of particular interest to the international community of academics and practising lawyers, policy makers, national and international governmental and non-governmental organisations, and others interested in the study of comparative law.
China Law and Society Review provides state-of-the-art review articles on research about the development and functioning of law and legal institutions in China. It focuses on reviewing interdisciplinary socio-legal research that analyses law in action in China. It publishes commissioned articles by leading senior scholars as well as emerging talent from across the globe. First issues will center on legal institutions, such as the courts, legal profession, legislators, prosecutors, the media, the party, and civil society organizations. Later issues will look in more depth at the development and functioning of substantive areas of law, including tort, labor, environment, intellectual property, criminal, and corporate law. In each issue cross-cutting themes will emerge which are likely to include legal consciousness, access to justice, rule of law, enforcement and compliance, regulatory strategies, law and development, ethics and corruption, judicial independence, central-local relations, and formal and informal institutions. Where deemed interesting, publications are to position the literature on China in a broader comparative context, in order to analyze China’s special characteristics as well as draw out theoretical significance.
In the course of its publication the
Review will establish a comprehensive and authoritative account of Law and Society in China. By updating the electronically published articles on set intervals, the timeliness of the reviews will be ensured. The
Review will be of interest to scholars of Chinese law, Chinese politics and governance, Chinese business, as well as Chinese society. Moreover it will be of interest to public and private practitioners seeking to understand how to deal with law and legal institutions in the Chinese context.