Law-making in the People's Republic of China
著者
書誌事項
Law-making in the People's Republic of China
（The London-Leiden series on law, administration and development, Vol. 5）
Kluwer Law International, c2000
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注記
"A tangible result of the Conference 'Law-making in the People's Republic of China' ... held in Leiden, the Netherlands, from 26 to 28 october 1998"--Pref
Includes bibliographical references (p. 281-291) and index
内容説明・目次
内容説明
Who are the legislators and what are the products of the legislative process in China? How does a law come into being? What meaning should we ascribe to these legislative products from the perspective of legal certainty? Can we recognise a Chinese approach to or style of law-making? What technical legislative problems have Chinese jurists identified and what sorts of solutions to them are being considered? These are the questions which Law-making in the PRC attempts to solve.
The volume opens with papers on the historical perspective of law-making, on ideology and law-making, and on a comparison between the PRC's legal framework and the frameworks of other legal systems. Part II deals with various `Institutions and Actors' involved, and offers analyses of the National People's Congress, the State Council, departmental rule-making, local law-making, law-making in autonomous regions, public participation, and the proposed law on law-making by academics. Part III offers three `case studies' in which important areas of legal development are analysed from a law-making point of view. The selected areas are administrative law, contract law, and criminal law.
目次
- Preface. Table of Contributors. Abbreviations. Part I: Overview and Review. I. An Overview of Law-Making in China
- J.M. Otto, Y. Li. II. Coming Full Circle: Law-Making in the PRC from a Historical Perspective
- J. Chen. III. Ideology and Law-Making
- H. von Senger. IV. Socialist Law, Civil Law, Common Law, and the Classification of Contemporary Chinese Law
- A.H.Y. Chen. Part II: Institutions and Actors. V. The National People's Congress and the Making of National Law
- P. Keller. VI. The State Council and Law-Making
- L. Shishi. VII. Departemental Rule-Making in the People's Republic of China
- C. Jiang. VIII. Local Law-Making in China -- A Case Study of Shanghai
- S. Chao. IX. Legislation in National Autonomous Areas in the People's Republic of China
- S. Wenzheng, B. Xiaolin. X. Public Participation in Law-Making in the PRC
- Z. Jingwen. XI. Explanations on the Proposed Law on Law-Making of the People's Republic of China
- L. Buyun. Part III: Case Studies. XII. Administrative-Law-Making in the People's Republic of China
- J.-P. Cabestan. XIII. Law-Making in the People's Republic of China: The Case of Contracts
- P.B. Potter. XIV. The Development of Criminal Law in the PRC since the Institution of the Reform and Opening Up Policy
- Y. Feng. Part IV: Conclusion. XV. Conclusion: A Comparativist's Outlook on Law-Making in China
- J.M. Otto. Appendices. Selected Bibliography. Glossary. Index.
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