Chinese Law: Context and Transformation

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Martinus Nijhoff Publishers, 2008 - Law - 770 pages
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This book 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 and, by doing so, it is hoped that the main features of contemporary Chinese law can be outlined and the nature of contemporary Chinese law can be better understood from a developmental perspective. This book offers a 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.
 

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Contents

Chapter One Legal Culture State Orthodoxy and the Modernisation of Law
5
Chapter Two Experience of Law in the PRC
39
Chapter Three Constitutional Law
77
Chapter Four Legal Institutions
147
Chapter Five Sources of Law and LawMaking
171
Chapter Six Administrative Law
207
Chapter Seven Criminal Law
261
Chapter Eight Criminal Procedure Law
299
Contracts
443
Chapter Thirteen Law on Business Entities
461
Chapter Fourteen Securities Law
503
Chapter Fifteen Enterprise Bankruptcy Law
537
Chapter Sixteen Intellectual Property Law
565
Chapter Seventeen Foreign Trade and Investment Law
621
Chapter Eighteen Implementation of Law
653
Conclusion
693

Development and General Principles
327
Property
363
Family
391
Select Bibliography
703
Index
745
Copyright

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About the author (2008)

Jianfu Chen, LLM (Hon I), PhD (1994) in Law, University of Sydney, is Professor of Chinese Law and Legal Globalisation at La Trobe University School of Law. He has published extensively on Chinese law and legal globalisation.

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