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Chinese Law: Context and Transformation

Revised and Expanded Edition

Jianfu Chen

China has changed and the continuing 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 in 2008, it examines the historical and politico-economic context in which Chinese law has developed and transformed, focusing on the underlying factors and justifications for the changes. It attempts to sketch the main trends in legal modernisation in China, offering an outline of the principal features of contemporary Chinese law and a clearer understanding of its nature from a developmental perspective. It provides comprehensive coverage of topics: ‘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, torts, law on business entities, securities, bankruptcy, intellectual property, law on foreign investment and trade, Chinese investment overseas, dispute settlement and implementation of law.
Fully revised, updated and considerably expanded, this edition of Chinese Law: Context and Transformation is a valuable and important resource for researchers, policy-makers and teachers alike.

Luttrell

experienced rapid economic growth in the last decade. As part of the Federation’s broader plan to attract foreign investment, an ambitious program of commercial legal modernization was undertaken. Th e UAE has never had a dedicated arbitration law—arbitration is governed by a handful of articles of the

Dmitry Poldnikov

Summary

In the second half of the 19th century Russian positive law underwent a rapid and profound reform. It is best illustrated by the legislation in the domain of civil law, as one compares the pre-reformed casuistic and inconsistent Svod Zakonov (Digest of Laws) of 1833 and the ‘westernised’ Draft Civil Code of 1905. This transition was largely facilitated by the emergence of a fully-fledged comparative legislation in Russia.

Mohammad-Ali Forughi

the modernization of Iran’s legal system. We are therefore publishing it in a translation which preserves the lecture format with only slight abridgement. Forughi’s informed account of legal modernization is prefaced by acute observations on the intrusion of modernity into the culture of Iran in the

Edited by Sarah Biddulph, Albert Chen and Pitman Potter

The China Legal Development Yearbook is the English version of the Chinese Rule of Law Blue Book (法制蓝皮书)edited by the Institute of Law at the Chinese Academy of Social Sciences and containing articles written by leading Chinese law and legal policy scholars and judges. The yearbook contains reports on law reform priorities, major legal policy debates and an account of legislation proposed and passed during the past year, and provides a valuable insight into contemporary debates in China about the substance, direction and priorities of legal reform.

For information about CASS yearbooks on other subject areas, click here.

The China Legal Development Yearbook, Volume 1

On the Development of Rule of Law in China

Series:

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.

Government and the courts) adequately to meet the needs of legal modernisation and revision. The permanent law reform agencies have been created to fill the resultant institutional vacuum. M.D. Kirby, “Law reform, Australian style” in Australian and South Pacific law. Papers and proceedings…. Edited by I

Julia Grishchenkovaeastern

region. Consequently, reform of commercial law has also been one of the focal points for GIZ activities amongst the countries of Eastern Europe and Central Asia. For the last two decades, GIZ has engineered legal consultancy services for a multitude of legal modernization projects, sup- porting the

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)

Series:

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.