Chinese law : : context and transformation / / by Jianfu Chen.

• Author: Chen, Jianfu, 1960-
• Place / Publishing House: Leiden, The Netherlands ;, Boston : : Brill Nijhoff,, [2016]
• Year of Publication: 2016
• Edition: Revised and Expanded Edition
• Language: English
• Physical Description: 1 online resource (1131 p.)
• Notes: Description based upon print version of record.

Eight years of changes in China have passed since the publication of the previous highly successful edition of this book. These changes have not just been about economic development. Among the many transformations there has been another quiet, peaceful, and largely successful (but far from perfect) ‘revolution’ in the area of law, whose deficiencies have been more often mercilessly examined and documented than have its historical achievements and significance. This legal ‘revolution’ is the subject matter of the present book. Like the previous edition, it examines the historical and politico-economic context in which Chinese law has developed and transformed, focusing on the underlying factors and justifications for changes. It attempts to sketch the main trends in legal modernisation in China, offering an outline of the main features of contemporary Chinese law and a clearer understanding of its nature from a developmental perspective. It offers comprehensive coverage of topics such as: ‘legal culture’ and modern law reform, constitutional law, legal institutions, law-making, administrative law, criminal law, criminal procedure law, civil law, property, family law, contracts, law on business entities, securities, bankruptcy, intellectual property, law on foreign investment and trade, and implementation of law. Fully revised, updated and considerably expanded, this editon of Chinese Law: Context and Transformation is a valuable and important resource for reasearchers, policy-makers and teachers alike.

Table of Contents

Preliminary material -- Introduction -- Legal Culture, State Orthodoxy and the Modernisation of Law -- Experience of Law in the PRC -- Constitutional Law -- Legal Institutions and the Administration of Justice and Law -- Sources of Law and Law-making -- Administrative Law -- Criminal Law -- Criminal Procedure Law -- Civil Law: Development and General Principles -- Civil Law: Property -- Civil Law: Family -- Civil Law: Contracts -- Civil Law: Torts -- Law on Business Entities -- Securities and Futures Law -- Enterprise Bankruptcy Law -- Intellectual Property Law -- Foreign Trade and Investment Law -- China’s Outbound Direct Investment -- Dispute Settlement -- Implementation and Enforcement of Law -- Conclusion -- Select Bibliography -- Index.

Preliminary material -- Introduction -- Legal Culture, State Orthodoxy and the Modernisation of Law -- Experience of Law in the PRC -- Constitutional Law -- Legal Institutions and the Administration of Justice and Law -- Sources of Law and Law-making -- Administrative Law -- Criminal Law -- Criminal Procedure Law -- Civil Law: Development and General Principles -- Civil Law: Property -- Civil Law: Family -- Civil Law: Contracts -- Civil Law: Torts -- Law on Business Entities -- Securities and Futures Law -- Enterprise Bankruptcy Law -- Intellectual Property Law -- Foreign Trade and Investment Law -- China’s Outbound Direct Investment -- Dispute Settlement -- Implementation and Enforcement of Law -- Conclusion -- Select Bibliography -- Index.