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Administrative Litigation Systems in Greater China and Europe

Administrative Litigation Systems in Greater China and Europe Author Yuwen Li
ISBN-10 9781317185383
Release 2016-03-23
Pages 284
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Administrative litigation systems are a rapidly developing legal field in many countries. This book provides a comparative study of the administrative litigation systems in China, Hong Kong, Taiwan and Macao, as well as a number of selected European countries that covers both states with an advanced rule of law and new democracies. Despite the different historical backgrounds and the broader context which has cultivated each individual system, this collective work illustrates the common characteristics of the rapid development of administrative litigation systems since the 1990s as a consequence of the advancement of the rule of law at a global level. All of the contributors have addressed a wide array of key issues in their particular jurisdiction, including court jurisdiction, the scope of judicial review, grounds of litigation claims and mediation in judicial process. Whilst pointing out the shortcomings and challenges which are faced by each jurisdiction, the book offers both ideas and inspiration on how the systems can learn from, and influence each other. This book is essential reading for those studying Chinese law, administrative litigation and comparative law, as well as judges and lawyers specialising in administrative litigation, and administrative courts.



The Judicial System and Reform in Post Mao China

The Judicial System and Reform in Post Mao China Author Yuwen Li
ISBN-10 9781317026556
Release 2016-03-03
Pages 298
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This comprehensive study examines the development and changing characteristics of the judicial system and reform process over the past three decades in China. As the role of courts in society has increased so too has the amount of public complaints about the judiciary. At the same time, political control over the judiciary has retained its tight-grip. The shortcomings of the contemporary system, such as institutional deficiencies, shocking cases of injustice and cases of serious judicial corruption, are deemed quite appalling by an international audience. Using a combination of traditional modes of legal analysis, case studies, and empirical research, this study reflects upon the complex progress that China has made, and continues to make, towards the modernisation of its judicial system. Li offers a better understanding on how the judicial system has transformed and what challenges lay ahead for further enhancement. This book is unique in providing both the breadth of coverage and yet the substantive details of the most fundamental as well as controversial subjects concerning the operation of the courts in China.



Legal Reforms and Deprivation of Liberty in Contemporary China

Legal Reforms and Deprivation of Liberty in Contemporary China Author Elisa Nesossi
ISBN-10 9781317106050
Release 2016-06-03
Pages 186
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The volume presents an extensive investigation into the process of reforms of detention powers in today’s China and offers an in-depth analysis of the debates surrounding the reformist attempts. The chapters in this collection demonstrate that legislative and institutional reforms in this area result from political opportunities - openings and tensions at the central institutional levels of political authority - and contingent social and political factors. The book examines legal and institutional reforms to institutions of detention and imprisonment that have occurred since the 1990s, with a particular focus on the 21st century. Its content follows three particular lines of enquiry concerning the issue of deprivation of liberty in contemporary China. The first deals with the academic and theoretical debates on the subject of imprisonment and detention. The related chapters explain the difficulties encountered in this area of research and understandings of the discourses of reform through labour in Western and Chinese scholarship. The second deals with the specific issues of criminal and administrative forms of deprivation of liberty, examining in particular the institutional and legislative dimensions, considering the relationship between reforms and criminal justice policy agendas. The third assesses the meaning of institutional reforms in the context of the changing state-society relationship in contemporary China.



Conservation and Recreation in Protected Areas

Conservation and Recreation in Protected Areas Author Yun Ma
ISBN-10 9781317161882
Release 2016-05-12
Pages 322
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This book provides a comprehensive and up to date comparative study of the management and resolution of conflicts between conservation and recreation in protected areas in the US and China. Competing claims on the use of nature, increasing regulation of land use and recreational activities, and the conflicting goals between conservation and development have led to a rise in conflicts in the designation and management of protected areas. How to effectively manage and resolve these conflicts has become a challenge for both legislators and managers. By adopting an institutional dimension in legal interpretation, this book critically examines how such conflicts are dealt with in the legal regimes of the US and China while exploring interactions between legislatures, agencies and courts. The book searches for a plausible solution to improve the legal framework of protected areas in China by emulating pertinent mechanisms developed in the US, whilst also presenting legal and policy recommendations to the US. This informative book will be useful for legal scholars in Chinese law, nature conservation law, administrative law and comparative law.



China s Insolvency Law and Interregional Cooperation

China   s Insolvency Law and Interregional Cooperation Author Xinyi Gong
ISBN-10 9781351690904
Release 2017-11-20
Pages 226
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As a result of resumption of sovereignty over Hong Kong and Macao as well as the uncertain relationship between the Mainland and Taiwan, China has become a country composed of peculiar political compounds, resulting in four independent jurisdictions. This makes inter-regional legal cooperation a complicated yet compelling topic. Divided into five parts, this book considers possible solutions to problems in China’s inter-regional cross-border insolvency cooperation. These solutions are developed on the basis of two groups of comparative studies, including comparison among the cross-border insolvency systems of the four independent jurisdictions in China and comparison between EU Insolvency Regulation and the UNCITRAL Model Law. The author discusses the advantages and disadvantages of the two systems and presents original recommendations for the way forward. The book will be a valuable resource for academics and policy makers in insolvency law, Asian law and comparative law.



Law and Legal Culture in Comparative Perspective

Law and Legal Culture in Comparative Perspective Author Günther Doeker-Mach
ISBN-10 3515085602
Release 2004
Pages 444
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Comparative legal studies are at last commanding the thoughts of contemporary juristso Alice ES Tay. Drawing on an impressive ancestry in comparative law, the 22 contributions in this volume by authors from Asia, Australia and Europe go further in their complex conception of law and culture. They look at the new principles and concepts of a transnational, global law in new, multiple contexts and in diverse juxtapositions with new institutions and authorities. In an unplanned but cohesive pattern the individual contributions together open a fresh vision of the use and value of comparative legal studies for the assessment of the function and limitations of the law of a global society.



Towards a Chinese Civil Code

Towards a Chinese Civil Code Author Lei Chen
ISBN-10 9789004204874
Release 2012-11-13
Pages 576
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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. "Towards a Chinese Civil Code" aims at providing the necessary historical and comparative legal perspectives. The book addresses the following topics: property law, contract law, tort law and civil procedure.



Judicial Independence in China

Judicial Independence in China Author Randall Peerenboom
ISBN-10 9781107375581
Release 2009-11-23
Pages
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This volume challenges the conventional wisdom about judicial independence in China and its relationship to economic growth, rule of law, human rights protection, and democracy. The volume adopts an interdisciplinary approach that places China's judicial reforms and the struggle to enhance the professionalism, authority, and independence of the judiciary within a broader comparative and developmental framework. Contributors debate the merits of international best practices and their applicability to China; provide new theoretical perspectives and empirical studies; and discuss civil, criminal, and administrative cases in urban and rural courts. This volume contributes to several fields, including law and development and the promotion of rule of law and good governance, globalization studies, neo-institutionalism and studies of the judiciary, the emerging literature on judicial reforms in authoritarian regimes, Asian legal studies, and comparative law more generally.



Comparative Studies on Governmental Liability in East and Southeast Asia

Comparative Studies on Governmental Liability in East and Southeast Asia Author Yong Zhang
ISBN-10 9041110747
Release 1999
Pages 251
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This book is the second volume of a planned trilogy on legal protection of citizens' rights against the state in East and Southeast Asia. The first volume was published in 1997, under the title of "Comparative Studies on the Judicial Review System in East and" "Southeast Asia." The third book will deal with the subject of due process of law with respect to administrative decision-making in these areas. This second volume examines the historical development and present function of governmental liability in Japan, China, Korea, Taiwan, Malaysia and Indonesia. Both theoretical and practical problems of governmental liability are analyzed through comparative perspectives. As German and Dutch law have a strong influence in East and Southeast Asian countries, the governmental liability system in these two countries is also discussed. During the process of modernizing the economy and legal systems, especially with the globalization of the economy and the internationalization of Western law, it is inevitable for countries in East and Southeast Asia to introduce a governmental compensation system. However, because of a lack of experience of civil society and the tradition of the rule of law, of shortage of finance, and of different viewpoints on human rights, the introduced and planned governmental compensation systems in East and Southeast Asia could not be expected to function in the same way as those in Western countries. This book is based on the assumption that it is better to prevent damage from happening than compensating for it with money.



Civil Litigation in China and Europe

Civil Litigation in China and Europe Author C.H. van Rhee
ISBN-10 9789400776661
Release 2013-12-03
Pages 362
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This volume addresses the role of the judge and the parties in civil litigation in mainland China, Hong Kong and various European jurisdictions. It provides an overview and an analysis of how these respective roles have been changed in order to cope with growing caseloads and quality demands. It also shows the different approaches chosen in the jurisdictions covered. Mainland China is introducing far-reaching reforms in its system of civil litigation. From an inquisitorial procedure, in which the parties play a relatively minor role, the country is changing to a more adversarial system with increased powers for the parties. At the same time, case management and the role of the judge as it is understood in mainland China remains different from case management and the role of the judge in Western countries, mainly as regards the limited powers of individual Chinese judges in this respect. Changes in China are justified by the ever-increasing case load of the Chinese courts and the consequent inability to deal with cases in an adequate manner, even though generally speaking Chinese courts still adjudicate civil cases within a relatively short time frame (this may, however, be problematic when viewed from the perspective of the quality of adjudication). Growing caseloads and quality concerns may also be observed in various European states and Hong Kong. In these jurisdictions the civil procedural systems have a relatively adversarial character and it is some of the adversarial features of the existing systems of procedure which are felt to be problematic. Therefore, the lawmakers have opted for increasing the powers of the judge, often making the judge and the parties mutually responsible for the proper conduct of civil cases. Starting from opposite directions, mainland China and the various European states and Hong Kong could meet half way in their reform attempts. This is, however, only possible if a proper understanding is fostered of the developments in these different parts of the World. Even though in both China and Europe the academic community and lawmakers are showing a keen interest in the relevant developments abroad, a study addressing the role of the judge and the parties in civil litigation in both China and Europe is still missing. This book aims to fill this gap in the existing literature.



The Costs and Funding of Civil Litigation

The Costs and Funding of Civil Litigation Author Christopher Hodges
ISBN-10 9781847316158
Release 2010-11-17
Pages 580
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This book contains the first major comparative study of litigation costs and methods of funding litigation in more than 30 jurisdictions. It was linked with the most comprehensive review of costs ever carried out in England and Wales by Lord Justice Jackson in 2009 and benefited from the assistance of leading practitioners around the globe. The study analyses the principles and rules that relate to paying courts, witnesses and lawyers, and the rules on cost shifting, if any. It also notes the major ways in which litigation can be funded, identifying the global trend on contraction of legal aid, the so far limited spread of contingency fees, and the growing new phenomenon of private third party litigation funding. The study also presents the results of nine case studies of typical claim types, so as to give a first overview comparison of which countries' legal systems are cheaper or more expensive. The book further contains national chapters with in depth analysis contributed by scholars in 18 jurisdictions (Australia, Belgium, Canada, China, Denmark, England & Wales, France, Germany, Japan, the Netherlands, New Zealand, Poland, Portugal, Russia, Spain, Switzerland, Taiwan and USA) and a further chapter on Latin American jurisdictions. 'Dr Hodges, Professor Vogenauer and Dr Tulibacka have conducted an excellent and thorough comparative study of litigation costs and funding across a wide range of jurisdictions ('the Oxford study'). The Oxford study is important, because it provides both context and background for any critical examination of our own costs and funding rules... I commend this book both for its breadth and detail and also for its percipient commentary. This work will make a valuable contribution to the debate which lies ahead about how the costs and funding rules of England and Wales should be reformed in order to promote access to justice.' From the Foreword by Lord Justice Jackson, Royal Courts of Justice, 16th July 2010



Comparative Law and Regulation

Comparative Law and Regulation Author Francesca Bignami
ISBN-10 9781782545613
Release 2016-09-30
Pages 608
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Governance by regulation – rules propounded and enforced by bureaucracies – is taking a growing share of the sum total of governance. Once thought to be an American phenomenon, it is now a central form of state action in every part of the world, including Europe, Latin America, and Asia, and it is at the core of much international lawmaking. In Comparative Law and Regulation, original contributions by leading scholars in the field focus both on the legal dimension of regulation and on how this dimension operates in those places that have turned to regulation to meet their obligations.



China s Long March Toward Rule of Law

China s Long March Toward Rule of Law Author Randall Peerenboom
ISBN-10 0521016746
Release 2002-09-26
Pages 673
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Argues that China is in transition from rule by law to a version of rule of law.



Chinese Workers in Comparative Perspective

Chinese Workers in Comparative Perspective Author Anita Chan
ISBN-10 9780801479939
Release 2015-03-20
Pages 272
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Anita Chan argues that Chinese labor is too often viewed from a prism of exceptionalism and too rarely examined comparatively, even though valuable insights can be derived by analyzing China s workforce and labor relations side by side with the systems of other nations."



WJP Rule of Law Index 2015

WJP Rule of Law Index 2015 Author
ISBN-10 0988284693
Release 2015-06-02
Pages
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The rule of law provides the foundation for communities of opportunityand equity - communities that offer sustainable economic development,accountable government, and respect for fundamental rights.Executive SummaryThe World Justice Project (WJP) joins efforts to producereliable data on rule of law through the WJP Rule of LawIndex 2015, the fifth report in an annual series, whichmeasures rule of law based on the experiences andperceptions of the general public and in-country expertsworldwide. We hope this annual publication, anchoredin actual experiences, will help identify strengths andweaknesses in each country under review and encouragepolicy choices that strengthen the rule of law.The WJP Rule of Law Index 2015 presents a portraitof the rule of law in each country by providing scoresand rankings organized around nine factors: constraintson government powers, absence of corruption, opengovernment, fundamental rights, order and security,regulatory enforcement, civil justice, criminal justice, andinformal justice. These factors are intended to reflecthow people experience rule of law in everyday life.The country scores and rankings for the WJP Ruleof Law Index 2015 are derived from more than100,000 household and expert surveys in 102countries and jurisdictions. The Index is the world'smost comprehensive data set of its kind and the onlyto rely solely on primary data, measuring a nation'sadherence to the rule of law from the perspective ofhow ordinary people experience it. These featuresmake the Index a powerful tool that can help identifystrengths and weaknesses in each country, and helpto inform policy debates, both within and acrosscountries, that advance the rule of law.



Review of Socialist Law

Review of Socialist Law Author
ISBN-10 STANFORD:36105061601675
Release 1980
Pages
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Review of Socialist Law has been writing in one form or another for most of life. You can find so many inspiration from Review of Socialist Law also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Review of Socialist Law book for free.



Rule of Law and Legal Complexity in the People s Republic of China

Rule of Law and Legal Complexity in the People s Republic of China Author Ignazio Castellucci
ISBN-10 8884434343
Release 2012
Pages 259
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Rule of Law and Legal Complexity in the People s Republic of China has been writing in one form or another for most of life. You can find so many inspiration from Rule of Law and Legal Complexity in the People s Republic of China also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Rule of Law and Legal Complexity in the People s Republic of China book for free.