Inside China's Legal System

✍ Scribed by Chang Wang and Nathan Madson (Auth.)

• Publisher: Chandos Publishing
• Year: 2013
• Tongue: English
• Leaves: 366
• Series: Chandos Asian Studies Series
• Edition: 1
• Category: Library

✦ Synopsis

China's legal system is vast and complex, and robust scholarship on the subject is difficult to obtain. Inside China's Legal System provides readers with a comprehensive look at the system including how it works in practice, theoretical and historical underpinnings, and how it might evolve. The first section of the book explains the Communist Party's utilitarian approach to law: rule by law. The second section discusses Confucian and Legalist views on morality, law and punishment, and the influence such traditional Chinese thinking has on contemporary Chinese law. The third section focuses on the roles of key players (including judges, prosecutors, lawyers, and legal academics) in the Chinese legal system. The fourth section offers Chinese legal case studies in civil, criminal, administrative, and international law. The book concludes with a comparison of China's fundamental governing and legal principles with those of the United States, in such areas as checks and balances, separation of powers, and due process.

• Uses extensive legal materials and historical documents generally unavailable to Western based academics
• Gives insider knowledge, including first-hand experience teaching law, and close involvement with judges, attorneys, and law professors in China
• Analyses legal issues from historical and cultural perspectives holistically

✦ Table of Contents

Content:
Front matter, Pages i-iii,v
Copyright, Page vi
Dedication, Page vii
List of abbreviations, Page xiii
Acknowledgments, Pages xv-xvi
Foreword 1, Pages xvii-xxiii
Foreword 2, Pages xxv-xxxii
About the authors, Pages xxxiii-xxxv
Introduction: justice with a Chinese face, Pages 1-23
1 - Philosophical underpinnings of the Chinese legal system, Pages 27-44
2 - China and the Western influence, Pages 45-66
3 - The judiciary, Pages 69-92
4 - The police, Pages 93-116
5 - The lawyers, Pages 117-141
6 - Civil laws and cases, Pages 145-173
7 - Criminal laws and criminal cases, Pages 175-210
8 - The curious case of Ai Weiwei and administrative law, Pages 211-239
Afterword, Pages 243-252
Appendix 1 Constitution of the People’s Republic of China, Pages 253-286
Appendix 2 The socialist legal system with Chinese characteristics, Pages 287-322
Appendix 3 Charter ’08, Pages 323-331
Selected readings and resources for further research in Chinese law and history, Pages 333-339
Index, Pages 341-353