Chinese Law: Towards an Understanding of Chinese Law, Its Nature and DevelopmentsJianfu Chen Martinus Nijhoff Publishers, 1999年7月14日 - 414 頁 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 inthe 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. |
內容
The Continuing Reform under the KMT The Modernisation | 23 |
Concluding Remarks | 29 |
Legal Experience under Maos Leadership | 36 |
Concluding Remarks | 55 |
4 | 65 |
Concluding Remarks | 95 |
Sources of Law and LawMaking | 97 |
A Changing Constitutional Framework on LawMaking | 98 |
Concluding Remarks | 196 |
Criminal Procedure Law | 197 |
An Overview of the Major Deficiencies of the CPL | 198 |
Major Changes in the 1996 Revision | 200 |
Other Revisions | 216 |
Concluding Remarks | 217 |
Civil Law | 219 |
Legal Framework Governing Civil and Commercial Matters | 222 |
Sources and Hierarchy of Law and LawMaking | 100 |
36 | 103 |
Legal Interpretation | 106 |
64 | 109 |
Processes of LawMaking | 110 |
Ambiguities and Conflicts | 115 |
Towards a Uniform Law on LawMaking | 119 |
Concluding Remarks | 123 |
Administrative Law | 127 |
Historical Developments of Administrative Law in China | 129 |
Conceptions of Administrative Law in Contemporary China | 133 |
Administrative Decision Making and Reconsideration | 139 |
Administrative Supervision | 152 |
Administrative Litigation | 155 |
Administrative Liability | 163 |
Concluding Remarks | 165 |
Criminal Law | 167 |
The 1979 Criminal Law and Its Development | 168 |
General Principles | 171 |
Crime and Punishment | 183 |
Civil and Commercial Law Institutions | 224 |
Concluding Remarks | 246 |
Family Law | 249 |
An Overview of the Traditional Family and Society | 250 |
Historical Development of Family Law in Modern China | 252 |
The Contemporary Legal Framework on Family Matters | 256 |
Law as an Instrument for Social Change | 262 |
Towards Reform | 273 |
Concluding Remarks | 274 |
Towards a Uniform Code of Contracts | 282 |
Business Entities in Transition | 288 |
Company Law | 300 |
Partnership Law | 313 |
Rapid Development of Special Investment Zones or Areas | 320 |
Major Issues Concerning Doing Business inwith China | 341 |
Problems and Challenges Ahead | 352 |
Utilitarianism towards Foreign Law and Chinese Characteristics | 358 |
Bibliography | 365 |
403 | |
常見字詞
1982 Constitution administrative law adopted Article authorities Central Chen China Law China University China Zhongguo Faxue Chinese law Chinese Legal Chinese scholars Civil Code civil law Company Law Confucianism contract law Council crimes Criminal Law Criminal Procedure Law Daily Renmin Ribao decisions Deng Xiaoping discussions draft enterprises established Falü Fazhi foreign investment foreign trade further GPCL House of Law implementation institutions internet edition interpretation issued Jiang judicial Kuomintang Law Faxue Yanjiu law-making legal persons Legal Science Legal System legislative Luo Haocai Minfa organisations organs penalties Peng Zhen People's Congress People's Daily Renmin People's Procuratorate People's Republic Political Science principles provisions punishment Qing Republic of China rules and regulations Science and Law Science in China social socialist market economy Soviet specific Standing Committee Studies in Law supra note Supreme People's Court Supreme People's Procuratorate theory traditional University of Political Wang Zhenjiang