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Vol 23 No 3 March/April 2018

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Law-making in the People's Republic of China

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Edited by: Jan Michiel Otto, Maurice V. Polak

ISBN13: 9789041114334
ISBN: 9041114335
Published: September 2000
Publisher: Brill Academic Publishers
Country of Publication: The Netherlands
Format: Hardback
Price: £200.00

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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 this book 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 two 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 three offers three case studies, in which important areas of legal development are analyzed from a law-making point of view. The selected areas are administrative law, contract law, and criminal law.

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Other Jurisdictions , China
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.