Chinese law : towards an understanding of Chinese law, its nature, and development
著者
書誌事項
Chinese law : towards an understanding of Chinese law, its nature, and development
（The London-Leiden series on law, administration and development, 3）
Kluwer Law International, c1999
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注記
Includes bibliographical references (p. 365-402) and index
内容説明・目次
内容説明
Law, in particular its actual functioning in any given society, is above all a part of the culture of that society - a part of its historical, political, social and intellectual creation. If a `black-letter' approach towards law in the West is under increasing criticism, it is particularly unhelpful, if not misleading, in understanding Chinese law, its nature and developments. Rather, to understand Chinese law, its nature and developments, we need to examine the Chinese legal traditions, the prevailing political and economic situations, Party policies on economic reform and tolerance towards political liberalisation, and scholarly discussions and debate. This is the approach of this book. Its aim is to put Chinese law `in context', to outline the nature and present status of its development, and to analyse the meaning of the law within the Chinese context. However, this monograph does not ignore the practical needs for determining the precise contents of the `black- letter' law either.
A study of this kind necessarily involves a process of topic selection. However, to avoid over-generalisation and over-simplification, it also demands a considerable degree of comprehensiveness in coverage. For this reason, the book covers what the Chinese scholars term `fundamental law' and `basic branches' of law, while other topics are covered because they are either crucial for the understanding of the law (such as legal traditions in China) or of practical importance (such as foreign investment and trade).
Chapter One provides an historical background to traditional Chinese `legal culture' and modern law reforms. The historical background of specific topics is examined as the topics are analysed in the following chapters. Chapter Two deals with the changing fate of law under Communist rule. Its focus is on the underlying factors and justifications for such changes. Chapter Three introduces discussions on specific branches of law, from public law (constitutional law, law-making, administrative law, criminal law, criminal procedure law) to `private' law (civil law, family law, contracts, law on business entities, and law on foreign investment and trade). Each of these is dealt with in a separate chapter. After the analysis of these substantial topics, certain conclusions are drawn, which attempt to define the nature of Chinese law and its developments in present-day China.
目次
Acknowledgments. Introduction. 1. Legal Culture, State Orthodoxy and the Modernisation of Law. 2. Experience of Law in the PRC. 3. Constitutional Law. 4. Sources of Law and Law-Making. 5. Administrative Law. 6. Criminal Law. 7. Criminal Procedure Law. 8. Civil Law. 9. Family Law. 10. Contract Law. 11. Law on Business Entities. 12. Foreign Trade and Investment Law. Conclusions and Future Prospects. Selected Bibliography. Index.
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