Chinese Law: Context and Transformation

Revised and Expanded Edition

Author: 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.

Prices from (excl. VAT):

Add to Cart
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.
Excerpt of table of contents:
Preface, Acknowledgements, Abbreviations; Introduction
1. The Transformation of Chinese Law and the Legal System in Context
2. Structure of the Present Study
Chapter One: Legal Culture, State Orthodoxy and the Modernisation of Law
1. Introduction; 2. Legal Culture and Heritage; 3. The Beginning of Modernisation - The Wholesale Westernisation of Chinese Law; 4. The Continuing Reform under the KMT - The Modernisation of Chinese Law; 5. Concluding Remarks
Chapter Two: Experience of Law in the PRC
1. Introduction; 2. The Pre-PRC Communist Experience of Law; 3. The Triumph of Ideology; 4. Legal Experience under Mao’s Leadership; 5. Legal Experience in Post-Mao China; 6. After Ideology - Between Westernisation and Modernisation of Chinese Law; 7. Concluding Remarks
Chapter Three: Constitutional Law
1. Introduction; 2. A Brief Historical Review; 3. The Search for Socialist Solutions with Chinese Characteristics; 4. Constitutional Law in Present-day China; 5. Concluding Remarks
Chapter Four: Legal Institutions and the Administration of Justice and Law
1. Introduction; 2. Legal Institutions in Context; 3. The People’s Courts; 4. The People’s Procuratorates; 5. The Legal Profession; 6. The Administration of Justice and Law; 7. Legal Education; 8. Concluding Remarks
Chapter Five: Sources of Law and Law-Making
1. Introduction; 2. A Changing Constitutional Framework for Law-Making; 3. The Law on Law-Making; 4. Substantive Issues; 5. Procedural Issues; 6. Concluding Remarks
Chapter Six: Administrative Law
1. Introduction; 2. Historical Development of Administrative Law in China; 3. Changing Conceptions of Administrative Law in Contemporary China; 4. Administrative Decision Making and Procedural Requirements; 5. Internal Review of Administrative Decisions; 6. Administrative Supervision; 7. Administrative Litigation; 8. Administrative Liability; 9. Concluding Remarks
Chapter Seven:Criminal Law
1. Introduction; 2. The 1979 Criminal Law and Its Development; 3. General Principles; 4. Crime and Punishment; 5. Administrative Sanctions v. Criminal Punishments; 6. The Death Penalty; 7. Concluding Remarks
Chapter Eight: Criminal Procedure Law
1. Introduction; 2. An Overview of the Major Deficiencies of the CPL; 3. Major Reforms in 1996 and 2012; 4. Other Developments; 5. Concluding Remarks
Chapter Nine: Civil Law: Development and General Principles
1. Introduction; 2. Historical Heritage of Civil Law in China; 3. The Emergence of Modern Civil Law in the PRC; 4. An Abstract Conceptual Framework on Civil Matters; 5. Civil and Commercial Law Institutions; 6. Concluding Remarks
Chapter Ten: Civil Law: Property
1. Introduction; 2. Property Rights in Traditional China and Modern Property Law under the KMT; 3. Socialist Concepts and Conceptions of Property Rights in the PRC; 4. The New Rights in rem; 5. Concluding Remarks
Chapter Eleven: Civil Law: Family
1. Introduction; 2. An Overview of the Traditional Family and Society; 3. Historical Development of Family Law in Modern China; 4. The Contemporary Legal Framework on Family Matters; 5. The Law as an Instrument for and in Response to Social Change; 6. Concluding Remarks
Chapter Twelve: Civil Law: Contracts
1. Introduction; 2. The Development of Contract Law in the PRC; 3. Present Legal Framework on Contracts; 4. General Principles of the Contract Law; 5. Concluding Remarks
Chapter Thirteen: Civil Law: Torts
1. Introduction; 2. The Emergence of the 2009 Tort Liability Law ; 3. The Present Legal Framework on Tort Liability; 4. Tort Liability: Principles and Remedies; 5. The Missing Link and the Unresolved Issues; 6. Concluding Remarks
Chapter Fourteen: Law on Business Entities
1. Introduction; 2. Business Entities in Transition; 3. Individual Sole Investment Enterprises (Sole Proprietorship) ( Geren Duzi Qiye); 4. The Partnership Law; 5. Company Law; 6. Concluding Remarks
Chapter Fifteen: Securities and Futures Law
1. Introduction; 2. Early Experiments and Their Politico-Economic Functions; 3. The Coming of Age of the Securities Market and Its Regulation; 4. Legal Framework; 5. Institutional Setting; 6. Issuing of Securities; 7. Trading of Securities; 8. Globalisation of the Chinese Securities Industry; 9. Futures; 10. Legal Liabilities for Violation Law; 11. Concluding Remarks
Chapter Sixteen: Enterprise Bankruptcy Law
1. Introduction; 2. A Historical Review of Bankruptcy Law in China; 3. Current Legal Framework on Bankruptcy; 4. Breakthrough, Compromise & Limitations; 5. Concluding Remarks
Chapter Seventeen: Intellectual Property Law
1. Introduction; 2. Rapid Development of the IP Market and Legal Framework on Protection; 3. Trademarks; 4. Patents; 5. Copyright; 6. Competition Law & Commercial Secrets; 7. Implementation and Enforcement Mechanisms; 8. Concluding Remarks
Chapter Eighteen: Foreign Trade and Investment Law
1. Introduction; 2. A Process of Gradual Transformation; 3. Law on Foreign Trade; 4. Direct Foreign Investment; 5. Concluding Remarks
Chapter Nineteen: China’s Outbound Direct Investment
1. Introduction; 2. China’s ODI from a Developmental Perspective: The Macro Economic Context; 3. China’s ODI Strategy in Context - The Evolving Policy and Regulatory Framework; 4. Between Macro Economic Control and Micro Economic Management; 5. Concluding Remarks
Chapter Twenty: Dispute Settlement
1. Introduction; 2. Negotiation/Consultation; 3. Mediation/Conciliation ( Tiaojie); 4. Arbitration; 5. Petition ( Xinfang – letters and visits): Alternative to formal institutions?; 6. Civil Litigation; 7. Concluding Remarks
Chapter Twenty One: Implementation and Enforcement of Law
1. Introduction; 2. Implementation of Law – Its Nature and Complexity; 3. Implementation of Law – the Impact of Law: the Case of IP Protection; 4. Enforcement of Law – the Case of ‘ Zhixing Nan’ ; 5. Enemies Within and Without, Systemic and Institutional; 6. Politico-Legal Manoeuvres in the Battlefield; 7. Contradictions in Judicial Reforms and the Missed Target; 8. Concluding Remarks
1. Chinese Law Transformed; 2. Towards a Rule of Law?; 3. What’s Next?
Select Bibliography, Index.
All those interested in Chinese law, Chinese society, legal modernisation in China, and comparative law.