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2023 | Buch

On Contemporary Chinese Legal System

verfasst von: Xiaobo Dong, Yafang Zhang

Verlag: Springer Nature Singapore

Buchreihe : Understanding China

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Über dieses Buch

This book delivers a comprehensive, insightful, and updated analytic description of contemporary Chinese legal system. From a macro perspective, it presents, both theoretically and empirically, the evolution of Chinese law, describing its distinctive features, comparing it with other experiences across the world, and exploring the influence of economic, social, cultural, and technological factors thereon. From a micro perspective, based on the latest laws and regulations so promulgated and relevant research, this book briefly summarizes the basic theories and knowledge of existing law in the PRC, including the Constitution, civil law, criminal law, administrative law, procedural law, intellectual property law, economic law, etc. With this book, not only law students, lawyers, and those who have a background in Chinese law but also general readers can catch a penetrating glimpse into the fast-changing Chinese legal system.

Inhaltsverzeichnis

Frontmatter
Chapter 1. What Is Law
Abstract
In modern society, it is indisputable that law has a constant and significant connection with almost every knowledge area, which is of considerable importance to people in modern society. In Western tradition, legal profession, like teachers and doctors, is generally regarded as one of the oldest and most respected professions in human history. Traditionally, people had a very devout, religious-like belief in the law. Even Napoleon, the unbeatable French emperor, once said of himself: “My glory does not lie in winning forty battles, for which was eclipsed by the Battle of Waterloo. But my Civil Code will not be forgotten, and it will last forever.”
Xiaobo Dong, Yafang Zhang
Chapter 2. Legal System
Abstract
Each civilization has its own uniqueness. It can be argued that cultural diversity is the most essential characteristic of human civilization while law, as an important achievement and component, also enjoys a rich variety of manifestations. Legal civilization is a social phenomenon shared by human beings after they have entered class society, thus there is commonality among the legal civilizations of different countries or nations. However, at the same time, each legal civilization has its own social conditions of emergence, formation and development, as well as national and regional soil. Each legal civilization maintains its own characteristics.
Xiaobo Dong, Yafang Zhang
Chapter 3. Source and System of Law
Abstract
The term “source of law” is derived from “Fontes iuris” in the Roman law, which means the origin and foundation of law. In legal science, there is no legal concept as easy to cause ambiguity as the source of law.
Xiaobo Dong, Yafang Zhang
Chapter 4. Operation of Law in Modern Society
Abstract
Based on the modern legal practice, the creation of law refers to the special activity of creating, approving and changing the law, a specific social norm, by specific subjects according to certain authority and techniques, which is in short called legal creation, change and abolition .
Xiaobo Dong, Yafang Zhang
Chapter 5. Functions and Limitations of Law
Abstract
Generally, when it comes to morality, people would undoubtedly connect it with kindness, beauty, righteousness, and glory. Like law, morality is practiced as a way of regulating social relations through social customs and the inner beliefs of people. So morality could be defined as the summation of codes of behavior adjusting interpersonal relations and relations between people and society.
Xiaobo Dong, Yafang Zhang
Chapter 6. Constitution
Abstract
Whether in China or in the west, the word “Constitution” has long existed, but its former meanings are quite different from the modern one. For example, “constitution” “decree” and “charter” in Chinese ancient classics did not refer to the fundamental law of the state. For China, “constitution” was firstly regarded as the fundamental law of the state in the 1880s. The modern reformist thinkers at that time upheld their political view of “extending civil rights”, “fighting for democracy”, “formulating Constitution” and “establishing parliament” on account of national and international situations, opening the new chapter of Democratic Constitutionalism Movement in modern China.
Xiaobo Dong, Yafang Zhang
Chapter 7. Criminal Law
Abstract
Criminal law is the generic name of legal norms stipulating crimes and their consequences (mainly penalty) that are promulgated in the name of the state by the ruling class holding state political power based on the common will of the class in order to safeguard the interests of the class. And Criminal Law in China is the generic name of legal norms stipulating crimes and their consequences that are promulgated in the name of the state based on the common will of broad masses of people in order to safeguard the interests of the state, society and people.
Xiaobo Dong, Yafang Zhang
Chapter 8. Administrative Law
Abstract
The administration is the activity of the administrative subjects to manage national and social affairs, namely, the public affairs. The administration does not cover all the activities of the administrative subjects, but only the activities of the administrative subjects to manage the affairs of national and social affairs, which belong to the public administration. The so-called administrative law refers to the various relations between the administrative subjects and the administrative counterpart, administrative legal supervision in the exercise of administrative powers and under the administrative legal supervision, as well as all legal definitions of internal relations of the administrative structure.
Xiaobo Dong, Yafang Zhang
Chapter 9. Civil Law
Abstract
Civil law is a term unique to the civil law system and is the product of human understanding of the legal system, especially the branches of law. In the legal system, civil law belongs to the substantive branches of law, second only to constitutional substantive law, alongside with criminal law and administrative law.
Xiaobo Dong, Yafang Zhang
Chapter 10. Commercial Law
Abstract
The general meaning of “commerce” is the act of buying, selling or trading, and commerce refers to the activity of trading commodities, or buying and selling activities. It is explicitly expressed as the activity of merchants. From the perspective of economics, commerce refers specifically to a specific link of the total social production, namely the circulation of goods. It is strictly defined as an activity that is neither a production nor a consumption, but rather as an activity in the field of circulation that communicates production and consumption. It is the channel, the bridge and the intermediary through which products are transferred from the hands of industrial and agricultural producers to the hands of consumers.
Xiaobo Dong, Yafang Zhang
Chapter 11. Intellectual Property Law
Abstract
Intellectual property rights, also known as intellectual property rights, are the exclusive rights that civil subjects legally enjoy over their creative achievements. Intellectual property rights include copyright and its related rights as well as patent rights, trademark rights and other industrial property rights. As a kind of civil rights, what intellectual property rights protect most is the creative intellectual achievements of human beings. Accordingly, the main contents of the adjustment of the intellectual property right system based on this right are the two bases of the whole human civilization—science and technology and literature and art.
Xiaobo Dong, Yafang Zhang
Chapter 12. Economic Law
Abstract
In the legal theory of civil law system, the division of public law and private law is a basic legal classification method, which has become the common structure used by countries with codification tradition in establishing their legal system. Public law is the law involving national interests, while private law is the law protecting private interests. Since the twentieth century, the establishment and development of the socialist countries, “public law of private law” and “the trend of public law of private law” and the legal values to turn to “social standard”, the traditional public law and private law division theory, there have been some neither belongs to public law nor belongs to the legal department of private law, economic law is one of them. After experiencing the capitalist economic crisis and realizing the limitations of the “invisible hand” of the market, countries around the world have strengthened their macro-intervention in all aspects of society and economy since the twentieth century. In the West, two new branches of law have emerged, namely social law and economic law.
Xiaobo Dong, Yafang Zhang
Chapter 13. Environmental and Resource Protection Law
Abstract
Environment refers to the totality of various natural and artificially modified natural factors that affect human existence and development, including atmosphere, water, sea, land, mineral deposits, forests, grasslands, wildlife, natural relics, human relics, nature reserves, scenic spots, cities and rural areas, etc. Environmental problems have existed since ancient times, but as mankind's ability to conquer nature has greatly increased, the counterproductive effects of the environment have become increasingly evident and have become a common concern for people all over the world.
Xiaobo Dong, Yafang Zhang
Chapter 14. Procedural Laws
Abstract
Litigation, refers to the state judicial organs in accordance with the participation of the parties and other participants in litigation, in accordance with the legal procedures, the special activities to deal with the case. Procedural laws is the state judicial organs in the parties and other participants in litigation activities must follow the legal norms of the general term. The laws of litigation mainly provides for the basic principles of litigation, litigation procedures and systems, the duties of state organs entitled to conduct litigation and their interrelationship, the rights and obligations of litigation participants, etc. The procedural laws is relative to the substantive laws, the substantive laws is the laws of people's substantive rights and obligations, is the premise of the existence of procedural laws, while the procedural laws is the guarantee of the implementation of the substantive laws, the substantive laws of the rights and obligations must rely on the procedural laws in order to be successfully realized; at the same time, in order to repair the damaged legal relationships, the infringed rights to relief, but also through litigation. Substantive laws and procedural laws are the content and form of the relationship, one cannot be without the other, complement each other.
Xiaobo Dong, Yafang Zhang
Backmatter
Metadaten
Titel
On Contemporary Chinese Legal System
verfasst von
Xiaobo Dong
Yafang Zhang
Copyright-Jahr
2023
Verlag
Springer Nature Singapore
Electronic ISBN
978-981-9925-05-6
Print ISBN
978-981-9925-04-9
DOI
https://doi.org/10.1007/978-981-99-2505-6

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