Court Delay and Law Enforcement in China; Civil process and by Qing-Yun Jiang, Prof. Dr. Hans-Bernd Schäfer PDF

By Qing-Yun Jiang, Prof. Dr. Hans-Bernd Schäfer

ISBN-10: 3835000829

ISBN-13: 9783835000827

Many nations, in particular constructing international locations, have skilled how tricky it really is to make their judiciary structures functionality. court docket delays, backlogs and uncertainty linked to unforeseen cout results impact the standard of justice.

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Law and Economics of Development, 1999, in: Encyclopedia of Law and Economics, p. 564. com/) 24 Chapter 2 Legal System and Civil Process in China Chapter 2 Legal System and Civil Process in China In the absence of fundamental political reform that -would validate abandonment of the reigning ideology, Chinese law is likely to ... remain an assortment of disparate institutions lacking some of the elements that Western ideals take a s essential in a meaningful formal legal system such as hierarchy of sources of law, differentiation from other organs of state power, procedural regularity and control of discretion in decision-making, and adherence to professional values among the officials in the system.

In recent years, the speedy enactments of laws aiming at a sound legal system has been based on Western models and in many respects the law has made room for entrepreneurial initiative. The current Chinese Constitution has experienced several revisions after being enacted in 1954. It was revised in 1975, 1978, 1982; and further amendments were made in 1988 to accommodate the change in the social and economic system The latest revision has been made in March 2004 and it is the first time in the history that the constitution clearly guarantees that the lawful private wealth shall be protected by the state.

It was the first most complete judicial work in Chinese history. The law was based on the main principle of Confucian using "ethics as a main tool, supported by penalty sanctions". Tang Law and its explanation have reached top legal development since the beginning of the era of Chun Qiu and has become a law 94 The so-called "San Gang Wu Chang" means the three cardinal guides (ruler guides subject, father guides son, and husband guides wife) and the five constant virtues (benevolence, righteousness, propriety, wisdom and fidelity) as specified in the feudal ethical code.

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Court Delay and Law Enforcement in China; Civil process and economic perspective by Qing-Yun Jiang, Prof. Dr. Hans-Bernd Schäfer


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