Implementation of law in the People's Republic of China
著者
書誌事項
Implementation of law in the People's Republic of China
(The London-Leiden series on law, administration and development, v. 8)
Kluwer Law International, c2002
大学図書館所蔵 全8件
  青森
  岩手
  宮城
  秋田
  山形
  福島
  茨城
  栃木
  群馬
  埼玉
  千葉
  東京
  神奈川
  新潟
  富山
  石川
  福井
  山梨
  長野
  岐阜
  静岡
  愛知
  三重
  滋賀
  京都
  大阪
  兵庫
  奈良
  和歌山
  鳥取
  島根
  岡山
  広島
  山口
  徳島
  香川
  愛媛
  高知
  福岡
  佐賀
  長崎
  熊本
  大分
  宮崎
  鹿児島
  沖縄
  韓国
  中国
  タイ
  イギリス
  ドイツ
  スイス
  フランス
  ベルギー
  オランダ
  スウェーデン
  ノルウェー
  アメリカ
注記
The book is the result of the International Conference on "Implementation of Law in the People's Republic of China," organized by the Leiden-Beijing Legal Transformation Project, of the Van Vollenhoven Institute for Law and Administration in Non-Western Countries, in the Faculty of Law of Leiden University, The Netherlands, held Nov. 8-10, 2000
Bibliography: p. 357-365
Includes index
内容説明・目次
内容説明
China, after some twenty years of reform, is no longer a country without law. Indeed, one may legitimately complain that there are too many laws that are changing too rapidly. However, law acquires no life nor performs its intended social functions without proper implementation and enforcement. Here, few people, Chinese or foreign, are content with the general situation of implementation of law in China. The problems and difficulties in implementing and enforcing laws and regulations are reported and discussed in the various forums of the Chinese media almost on a daily basis, and often reported in Western media also. Academics in China are filling the pages of various legal journals with their diagnoses and analyses of the causes of, and solutions to, the lack of proper implementation of law, and legal regulations and policy measures are being issued to deal with these problems and to overcome the difficulties. The future of the rule of law in China, as we are so often reminded by scholars of Chinese politics and law, largely depends on the proper implementation and enforcement of law.
This is a book about `law-in-action' in China, that is, it focuses on the administration of the law as a process through which `law-in-the-books' is put into action and, hence, is made to perform its intended social functions. It deals with the process, the institutional settings (the players), and the political, economic, social, and cultural settings (the factors) involved in the administration of law in China. Throughout the book, we will see a variety of problems and difficulties involved in implementing and enforcing laws and regulations that are identified and analyzed by the contributors. We will also see analyses on legal regulations and policy measures that have been issued to rectify the many identified problems, to raise the standard of actual implementation of law, and to improve the functioning of the various law-implementing/enforcing authorities. Additionally, the book provides various case studies on implementation of law in China.
The present book, we believe, is among the first collective efforts at a systematic and comprehensive study of the implementation of law in China, and we hope that it will stimulate many more such studies - studies on the actual operation and impact of law on society and on individuals.
目次
- Preface. Table of Contributors. Abbreviations. I. Implementation of Law in China - an Introduction
- J. Chen. II. Toward an Analytical Framework: Real Legal Certainty and Its Explanatory Factors
- J.M. Otto. III. Functions of the People's Congress in the Process of Implementation of Law
- C. Dingjian. IV. Court Reform in China: Problems, Progress and Prospect
- Y. Li. V. Mission Impossible: Judicial Efforts to Enforce Civil Judgments and Rulings
- J. Chen. VI. The Chinese Procuratorates and the Anti-Corruption Campaigns in the People's Republic of China
- Y. Feng. VII. Law Enforcement and the Legal Profession in China
- R. Peerenboom. VIII. Implementing Chinese Environmental Law through Enforcement
- B. van Rooij. IX. Shifting Landscape of Dispute Resolution in Rural China
- H. Fu. X. The Theory and Practice of the Implementation of International Law in China
- S. Shaping. XI. Hong Kong's Legal System in the New Constitutional Order: The Experience of 1997-2000
- A.H.Y. Chen. XII. Application of the Death Penalty in Chinese Judicial Practice
- H. Yunteng. XIII. Media Ownership and Regulation in China
- P. Keller. Appendix I. Legal Institutions in the People's Republic of China
- J. Chen. Appendix II. China's System of Public Administration
- B. van Rooij. Appendix III. Relevant Provisions of Chinese Law on Execution/Enforcement. Selected Bibliography. Index.
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