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Chinese Law: Context and Transformation

Jianfu Chen

1131 Pages
2015

Chinese Law: Context and Transformation

BRILL

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Chinese Law: Context and Transformation - Summary

"Chinese Law: Context and Transformation" provides a comprehensive and insightful exploration into the complex and evolving landscape of Chinese law. More than a dry legal text, it examines the historical, political, and economic forces that have shaped Chinese legal development, offering a nuanced understanding of its current state and potential trajectory. This book is a valuable resource for legal professionals, scholars, and anyone interested in understanding China's legal system.

Key Ideas

1

The Interplay of Context and Transformation

Jianfu Chen argues that understanding Chinese law requires appreciating the historical and socio-economic context in which it has evolved. He highlights how traditional Chinese legal culture, influenced by Confucianism and Legalism, has interacted with modern legal concepts introduced from the West. This interplay has resulted in a unique legal system that blends elements of socialism, civil law, and traditional Chinese thought.

2

Modernization and its Challenges

The book examines the extensive legal reforms undertaken by China since the late 1970s as part of its modernization drive. Chen analyzes the successes and challenges of these reforms in various areas such as constitutional law, criminal justice, civil and commercial law, and international economic law. He sheds light on the ongoing efforts to strengthen the rule of law, enhance legal institutions, and promote judicial independence in China.

3

China's Legal System in a Globalized World

The book emphasizes that the transformation of Chinese law cannot be understood in isolation from China's increasing integration into the global economy. Chen examines how China has adapted its legal system to meet the demands of international trade and investment, including issues related to intellectual property, foreign investment law, and dispute resolution. He also explores the challenges China faces in balancing its domestic legal priorities with its international commitments.

FAQ's

"Chinese Law: Context and Transformation" stands out because it not only covers the legal aspects but also delves into the historical, political, and economic forces that have shaped the Chinese legal system. This comprehensive approach provides a nuanced understanding of the current state and potential future of Chinese law.

This book is particularly valuable for legal professionals, scholars, and anyone with a keen interest in understanding China's legal system. Its detailed examination of various legal areas, including constitutional law, criminal law, civil law, and international economic law, makes it an essential resource for those seeking to grasp the complexities of legal modernization in China.

The book analyzes the extensive legal reforms undertaken by China since the late 1970s, highlighting both the successes and challenges in areas such as constitutional law, criminal justice, civil and commercial law, and international economic law. It also discusses ongoing efforts to strengthen the rule of law, enhance legal institutions, and promote judicial independence in China.

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