Chinese Legal Reforms

Transformations in a Decade
Erscheinungsjahr 2024
ISBN: 978-90-04-53711-8
Verlag: Brill

Buch, Englisch, Band 12, 288 Seiten, Format (B × H): 155 mm x 235 mm, Gewicht: 643 g

Reihe: Chinese and Comparative Law Series

This book explains the details and underlying thinking of many major reforms to Chinese law and legal practice that have taken place since 2013. It draws widely on laws and regulations, policies, cases, official statistics as well as the latest Chinese and foreign literature. The informed analysis answers intriguing questions such as why China runs the world’s largest database of court judgments without recognising any precedent, or why the number of judges was cut by 40% despite a more than doubled caseload. Ultimately it offers a new approach on how to understand Chinese law and legal reforms in the contemporary world.

Autoren/Hrsg.

Xu, Lu

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Asien (inkl. Türkei und Naher Osten)

Inhaltsverzeichnis

Preface

List of Figures and Tables

Laws

Regulations and other Policy Documents

Cases

1 Introduction: A Decade of Transformation of Chinese Law

1 Socialist Rule of Law with Chinese Characteristics

2 Difficulty in Understanding Chinese Legal Reforms

3 The Rationale and Approach in This Book

4 Chapter Overview

2 The National People’s Congress and the Constitution

1 Overview of People’s Congresses

2 Terminology of Chinese Legislation

3 The Evolving Attitude towards the Constitution and Legislation

4 Understanding the National People’s Congress

5 The Communist Party and the 2018 Constitutional Amendments

6 Understanding the Legislature and the Constitution in the Chinese Context

3 The Court on the Rise

1 Overview of the Court Structure

2 Reforms in Local Courts

3 Reforms by the Supreme People’s Court

4 Criticisms, Constraints, and Concerns of the Reforms

4 The Emerging Case Law System

1 Pre-reform Context and Terminology

2 Components of the Current Adaptation to a System of Case Law

3 Critical Analysis of the Emerging Case Law System

4 Implications of the System of Case Law

5 Judiciary under Pressure

1 Judicial Independence, Judicial Competence and Adjudication Committees

2 Quota Judge Reforms

3 Mobility of Judges and Reforms for Appointment of Judges to Higher Courts

4 Competition, Workload, Prestige and Status of the Judiciary

5 The Power Balance of the Chinese Court and Judges

6 The Expanding Procuratorate

1 Overview of the People’s Procuratorate

2 Changing Nature of Procuratorial Work

3 Four Major Categories of Procuratorial Work

4 Aspects of the Expanding Procuratorate

5 The Evolving Roles of the Procuratorate

7 Local Government and Administrative Law

1 Administrative Reconsideration

2 Administrative Litigation

3 Analysing Chinese Administrative Law and Government

8 Lawyers and Legal Education

1 Overview of the Growing Legal Profession

2 Interpreting Choices and Effects of Lawyer Representation

3 Litigation Costs

4 Restrictions of the Profession

5 Legal Education

9 Conclusion: Understanding Chinese Law in the Contemporary World

1 A Decade of Transformation of Chinese Law

2 Analysing Policies and Reforms

3 Disappointment in Chinese Legal Reforms

4 Understanding Chinese Law and Legal Reforms in the Contemporary World

5 Final Thoughts

Bibliography

Bibliography of Chinese books and articles

Index

Über Autor(innen)

Lu Xu, PhD (2008), University of Strathclyde, is Senior Lecturer in Property Law at Lancaster University. He has published several articles on Chinese law and legal reforms covering different areas from land registration, the emerging case law system to environmental litigation.