Comparative Studies on Governmental Liability in East and Southeast Asia

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Yong Zhang
Martinus Nijhoff Publishers, 1999 - Law - 251 pages
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This book is the second volume of a planned trilogy on legal protection of citizens' rights against the state in East and Southeast Asia. The first volume was published in 1997, under the title of "Comparative Studies on the Judicial Review System in East and" "Southeast Asia." The third book will deal with the subject of due process of law with respect to administrative decision-making in these areas. This second volume examines the historical development and present function of governmental liability in Japan, China, Korea, Taiwan, Malaysia and Indonesia. Both theoretical and practical problems of governmental liability are analyzed through comparative perspectives. As German and Dutch law have a strong influence in East and Southeast Asian countries, the governmental liability system in these two countries is also discussed. During the process of modernizing the economy and legal systems, especially with the globalization of the economy and the internationalization of Western law, it is inevitable for countries in East and Southeast Asia to introduce a governmental compensation system. However, because of a lack of experience of civil society and the tradition of the rule of law, of shortage of finance, and of different viewpoints on human rights, the introduced and planned governmental compensation systems in East and Southeast Asia could not be expected to function in the same way as those in Western countries. This book is based on the assumption that it is better to prevent damage from happening than compensating for it with money.
 

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The book is interesting one.It equips students and practitioners with skill and knowledge of compensation for expropriation.I liked it very much.would you please send me a soft copy of it(pdf) for personal use.

Contents

State Liability in the Context of Legal Remedies
4
Administrative Compensation for Injury
10
Compensation for Loss Caused by Administrative Acts
19
Governmental Liability in Taiwan ChingHsiou Chen
29
The State Compensation Procedure
35
The Present Status of Implementing the SCL
43
Governmental liability in China Yong Zhang
49
The Characteristics and Some Problems of the Administrative
55
Judicial Review of Administrative Actions
117
Unlawful Governmental Activities and Governmental Liability
136
Conclusion
145
Some Procedural Problems
153
Government Liability in Administrative Law
166
Governmental Liability in Germany O Depenheuer
173
Impact of European Law
198
The Legislative Forms of the State Tortious Liability System
207

Damage Resulting in Flaws or Faults in the Maintenance
63
The Criminal Compensation System
72
The Administrative Compensation System in China X Liu
81
Compensation Claimant and Compensation Obligation Organ
90
Governmental Liability
97
Governmental Reparation for Loss
106
Reparation for Losses Resulting from Lawful Activities
214
Law Regarding Governmental Liability in Korea China
221
State Compensation Law of the Peoples Republic of China
229
State Compensation Law of Japan
238
Index
245
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