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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.



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.



Ideological Conflict and the Rule of Law in Contemporary China

Ideological Conflict and the Rule of Law in Contemporary China Author Samuli Seppänen
ISBN-10 9781316692455
Release 2016-10-17
Pages 215
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This book studies ideological divisions within Chinese legal academia and their relationship to arguments about the rule of law. The book describes argumentative strategies used by Chinese legal scholars to legitimize and subvert China's state-sanctioned ideology. It also examines Chinese efforts to invent new, alternative rule of law conceptions. In addition to this descriptive project, the book advances a more general argument about the rule of law phenomenon, insisting that many arguments about the rule of law are better understood in terms of their intended and actual effects rather than as analytic propositions or descriptive statements. To illustrate this argument, the book demonstrates that various paradoxical, contradictory and otherwise implausible arguments about the rule of law play an important role in Chinese debates about the rule of law. Paradoxical statements about the rule of law, in particular, can be useful for an ideological project.



Chinese Workers in Comparative Perspective

Chinese Workers in Comparative Perspective Author Anita Chan
ISBN-10 9780801455858
Release 2015-03-26
Pages 272
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As the “world’s factory” China exerts an enormous pressure on workers around the world. Many nations have had to adjust to a new global political and economic reality, and so has China. Its workers and its official trade union federation have had to contend with rapid changes in industrial relations. 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. The contributors to Chinese Workers in Comparative Perspective compare labor issues in China with those in the United States, Australia, Japan, India, Pakistan, Germany, Russia, Vietnam, and Taiwan. They also draw contrasts among different types of workplaces within China. The chapters address labor regimes and standards, describe efforts to reshape industrial relations to improve the circumstances of workers, and compare historical and structural developments in China and other industrial relations systems. Contributors: Frederick Scott Bentley, Rutgers, The State University of New Jersey; Florian Butollo, Friedrich-Schiller University, Germany; Anita Chan, University of Technology, Sydney, and Australian National University; Chris King-chi Chan, City University of Hong Kong; Yu-bin Chiu, National Pingtung University of Education, Taiwan; Sean Cooney, University of Melbourne; Mary Huong Thi Evans, Rutgers, The State University of New Jersey; Navjote Khara, Niagara College; Kevin Lin, University of Technology, Sydney; Mingwei Liu, Rutgers, The State University of New Jersey; Peter Lund-Thomsen, Copenhagen Business School and Nottingham Business School; Boy Lüthje, Institute of Social Research, Frankfurt, Germany and Sun Yat-Sen University, China, and the East-West Center, Honolulu; Khalid Nadvi, University of Manchester; Thomas Nice, Australian Indigenous Mentoring Experience; Tim Pringle, SOAS, University of London; Katie Quan, University of California–Berkeley and Sun Yat-Sen University, China; Susan J. Schurman, Rutgers, The State University of New Jersey; Kaxton Siu, Chinese University of Hong Kong; Hong Xue, East China Normal University, Shanghai



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.



Governance of Intellectual Property Rights in China and Europe

Governance of Intellectual Property Rights in China and Europe Author Nari Lee, Niklas Bruun
ISBN-10 9781783478217
Release 2016-01-29
Pages 416
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Intellectual property (IP) law has been widely discussed in recent scholarship, though many recent works explore the topic from a largely descriptive perspective. This book provides an analytical and comparative study of Chinese and European IP law, as well as an analysis of system reforms in China. The book highlights, in three parts, intellectual property for innovation and creativity in China, comparing concepts and norms in Chinese and European IP law, and governance of practices and IP enforcement. Demonstrating that the governance of IP rights requires the adoption of a set of norms, the contributors also argue that success is dependent on a transformation of the perspectives and implementation. Students and scholars of IP law, and Chinese IP law in particular, will find this book to be a valuable resource to their work. It will also be of interest to IP practitioners looking for an insight into system reforms in China.



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.



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.



Comparative legal systems

Comparative legal systems Author Vincenzo Zeno-Zencovich
ISBN-10 9788894885255
Release
Pages 120
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Comparative legal systems has been writing in one form or another for most of life. You can find so many inspiration from Comparative legal systems also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Comparative legal systems book for free.



Rule of Law Human Rights and Judicial Control of Power

Rule of Law  Human Rights and Judicial Control of Power Author Rainer Arnold
ISBN-10 9783319551869
Release 2017-06-23
Pages 446
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Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book’s theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.



Hong Kong s Court of Final Appeal

Hong Kong s Court of Final Appeal Author Simon N. M. Young
ISBN-10 9781107011212
Release 2013-12-12
Pages 735
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This book is primarily about how a former British colony, now a part of China, established its own final court (to replace the Privy Council), and how that court under a new constitutional order developed the law in Hong Kong in its first thirteen years, under the leadership of its first Chief Justice, Andrew Li. In doing so we look broadly at the question of whether the court has acted justly and delivered justice to the litigants. The first part of the book provides a broader context to view at these issues. So there are chapters describing the context of China and autonomy, followed by a chapter on the Macau Court. But these chapters only serve to provide a kind of foil from which to see and understand the Hong Kong Court.



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.



Enforcement of Corporate and Securities Law

Enforcement of Corporate and Securities Law Author Robin Hui Huang
ISBN-10 9781107164994
Release 2017-06-30
Pages 490
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This book is the first of its kind in focusing on the enforcement of corporate and securities laws, both public and private, a relatively understudied but critically important issue for the development and health of global capital markets. The book has a special focus on the young system coming into being in the People's Republic of China (PRC), but also examines the enforcement of corporate and securities laws across the globe and across different legal and political systems from an in-depth comparative perspective. This single volume assembles a veritable 'dream team' of contributors who are amongst the very best scholars and legal specialists in the many national jurisdictions covered in the book. Hence, it is of significant value to corporate and securities regulators, judicial officials, prosecutors, litigation specialists, corporate counsel, legal and economic policymakers, scholars, think tanks, students, and investors alike.