On July 1, 2007, Hong Kong celebrated its tenth anniversary as a special administrative region of China. It also marked the first decade of its unique constitutional order in which Hong Kong courts continue to apply and develop the common law but the power of final interpretation of the constitution lies with the Standing Committee of the National People's Congress. This book is a collection of chapters by leading constitutional law experts in Hong Kong who examine the interpretive issues and conflicts which have arisen since 1997. Intervention by China in constitutional interpretation has been restrained but each intervention has had significant political and jurisprudential impact. The authors give varied assessments of the struggle for interpretive coherence in the coming decade.

In March 2009, the Faculty of Law at Charles University in Prague, together with the University of Zürich, organized a seminar on Chinese legal culture. As a follow up to this event the participants and other scholars from Europe, Asia, and North America contributed essays looking at Chinese law through a variety of lenses, from its historical roots to its modern reforms. Special attention is also paid here to the question of Westernization, the role of globalization in Chinese legal system, and the act of "translating" between western and Asian legal (and cultural) systems. A wide-ranging collection that contains various perspectives from leading experts in the field, Interpretation of Law in China is a remarkable feat of scholarship and essential reading for anyone interested in comparative, international, or Asian law.

Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in China provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in China will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.

This book provides a systematic and detailed introduction to the formation process and current development of China's socialist legal system. The classification of the constitution and constitution-related laws, criminal law, civil and commercial law, administrative law, economic law, litigation and non-litigation procedural law, social law, and the specifics of each sector of law are explained, which is a good guide for understanding the framework of China's legal system and the study of each sector of jurisprudence.

Annotation View the Table of Contents .nbsp;nbsp;nbsp;Read the Introduction .>

Introduction to China's legal system -- China's legislative system -- Law system with Chinese characteristics -- China's constitutional law system -- China's administrative legal system -- China's civil and commercial legal system -- China's economic legal system -- China's social legal system -- China's criminal legal system -- Chinese legal system in litigation and non-litigation procedure -- "One country, two systems" and legal system in the special administrative region -- International law and China's law system

This book provides a systematic elaboration of Chinese Private International Law, reveals the general techniques concerning conflict of laws in China, explains the detailed Chinese conflict rules for different areas of law, and demonstrates how international civil litigation is pursued in China. Clearly structured and written by a native Chinese scholar specializing in the field, the book’s easy-to-read style makes it accessible to a broad readership, while its content makes it a useful reference guide, especially for jurists and researchers.

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.

In The Limits of the Rule of Law in China, fourteen authors from different academic disciplines reflect on questions that have troubled Chinese and Western scholars of jurisprudence since classical times. Using data from the early 19th century through the contemporary period, they analyze how tension between formal laws and discretionary judgment is discussed and manifested in the Chinese context. The contributions cover a wide range of topics, from interpreting the rationale for and legacy of Qing practices of collective punishment, confession at trial, and bureaucratic supervision to assessing the political and cultural forces that continue to limit the authority of formal legal institutions in the People’s Republic of China.

Continued economic prosperity in China and its international competitive advantage have been due in large part to the labor of workers in China, who for many years toiled in underregulated workplaces. More recently, labor law reforms have been praised for their progressive measures and, at the same time, blamed for placing too many economic burdens on companies, especially those operating on the margins, which in some cases have caused business failures. This, combined with the global downturn and the millions of displaced and unemployed Chinese migrant laborers, has created ongoing debate about the labor laws. Meanwhile, the Chinese Union has organized many of the Global Fortune 500 companies, and a form of collective bargaining is occurring. Workers are pursuing their legal labor rights in increasing numbers. This book provides a clear overview of the labor and employment law environment in China and its legal requirements, as well as practices under these laws used to deal with labor issues.