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2023 | Buch

China's Legal System

An Interpretation of Its Structure, Principles and Institutions

herausgegeben von: Jingwen Zhu, Tao Meng, Hao Peng, Hui Feng, Xinyan Liu, Xiaolong Peng

Verlag: Springer Nature Singapore

Buchreihe : Understanding China

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Über dieses Buch

This book provides a systematic and detailed introduction to the formation process and current development of China's socialist legal system. The classification of the constitution and constitution-related laws, criminal law, civil and commercial law, administrative law, economic law, litigation and non-litigation procedural law, social law, and the specifics of each sector of law are explained, which is a good guide for understanding the framework of China's legal system and the study of each sector of jurisprudence.

Inhaltsverzeichnis

Frontmatter
Introduction: Fundamental Theories of the Socialist System of Laws with Chinese Characteristics
Abstract
The so-called “System of Laws” refers to all the laws, regulations that are currently in force in a country, which are classified into different legal sectors that are both differentiated from, interrelated with each other based on the different objects regulated by them, the different approaches adopted by them in accordance with certain principles, requirements. As such, they may form into an inherently harmonized oneness.
Jingwen Zhu
Constitution and Constitution-Related Laws
Abstract
As the fundamental law of the country, the Constitution stipulates the fundamental system and fundamental tasks of the country. With the highest legal force and effect, it is the fundamental norm for the activities of the people of all ethnic groups, all state organs and armed forces, all political parties, all social groups, and all enterprises and institutions. Other laws, administrative regulations and local regulations must be based on the Constitution and cannot conflict with the provisions of it; otherwise, they shall be amended or revoked.
Tao Meng
Administrative Law
Abstract
As a general term for all legal norms concerning the granting, the exercise and the supervision of administrative power, administrative law regulates the relations between the administrative authorities and the administrative counterparts that arise from the administrative management activities, with an emphasis on controlling and regulating the administrative power and protecting the lawful rights and interests of the administrative counterparts. In the current system of laws in China, administrative law is the legal sector that has the largest number of laws thereunder, and is closely related to the daily life of the citizens in our country.
Tao Meng
Criminal Law
Abstract
Criminal law is an indispensable and important law to protect human rights and maintain social order. The criminal law in our country has a long history, and the long-standing Chinese legal system is also characterized by a heavy culture of criminal law. After the founding of the People’s Republic of China, a large number of criminal related legal norms have been successively formulated in the country, and criminal law has developed into an important part of the socialist system of laws with Chinese characteristics.
Hao Peng
Civil and Commercial Law
Abstract
The founding of the People’s Republic of China opened a new page in Chinese history and also started a new chapter in the history of modern Chinese civil legislation.
Hao Peng
Economic Law
Abstract
Economic law regulates specific material interest relations formed between people through things and economic relations that occur in the process of coordinating the operation of the domestic economy. Specifically, these relations include market regulation relations and macro-control relations. The former mainly refers to the administration and supervision by state organs of market entries and exits by business entities and their activities during their existence. The latter is intervention by the state in the overall activities of the national economy when the market fails.
Hui Feng
Social Law
Abstract
At the beginning of reform and opening-up, the NPC Standing Committee approved the Interim Measures of the State Council on the Retirement and Resignation of Workers (1978) and the Regulations of the State Council on Family Leave for Staff and Workers (1981) by way of resolutions, which marked the official beginning of the cause of legislation in the social field in China.
Xinyan Liu
Litigation and Non-litigation Procedure Laws
Abstract
The Report on the Work of the Standing Committee of the National People's Congress delivered at the Fourth Session of the Ninth National People's Congress in March 2001 explicitly proposed for the first time that litigation and non-litigation procedure laws should be one of the seven branches of law in the socialist legal system with Chinese characteristics.
Xiaolong Peng
Metadaten
Titel
China's Legal System
herausgegeben von
Jingwen Zhu
Tao Meng
Hao Peng
Hui Feng
Xinyan Liu
Xiaolong Peng
Copyright-Jahr
2023
Verlag
Springer Nature Singapore
Electronic ISBN
978-981-19-8994-0
Print ISBN
978-981-19-8993-3
DOI
https://doi.org/10.1007/978-981-19-8994-0

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