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Vol 22 No 11 Nov/Dec 2017

Book of the Month

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The Law of Contract Damages

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Inside China's Legal System

ISBN13: 9780857094605
Published: October 2013
Publisher: Chandos Publishing
Country of Publication: UK
Format: Hardback
Price: £85.00

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China’s legal system is vast and complex, and robust scholarship on the subject is difficult to obtain. Inside China’s Legal System provides readers with a comprehensive look at the system including how it works in practice, theoretical and historical underpinnings, and how it might evolve.

The first section of the book explains the Communist Party’s utilitarian approach to law: rule by law. The second section discusses Confucian and Legalist views on morality, law and punishment, and the influence such traditional Chinese thinking has on contemporary Chinese law.

The third section focuses on the roles of key players (including judges, prosecutors, lawyers, and legal academics) in the Chinese legal system. The fourth section offers Chinese legal case studies in civil, criminal, administrative, and international law. The book concludes with a comparison of China’s fundamental governing and legal principles with those of the United States, in such areas as checks and balances, separation of powers, and due process.

Other Jurisdictions , China
Introduction: Justice with a Chinese face.
Part 1 Rule by law vs. rule of law: The party
Socialist legal system
Legal, illegal, and extralegal.
Part 2 Historic views: Confucianism
Law and punishment in Imperial China
Hidden rules of Chinese society
The introduction of “Mr. Democracy”
Revolutions and their legacies.
Part 3 The players: Party officials
Law enforcement officers
Legal academics
Right activists
Part 4 Case studies: Petition
Civil law
Criminal law
Administrative law
International law
Part 5 Comparative studies: Checks and balances
Separation of powers
Due process
Equal protection
Freedom of speech
Freedom of religion
Conclusion: From 1989 to 1984.