China's legal system is vast and complex, and robust scholarship on the subject is difficult to obtain. Inside China's Legal System provides readers with a comprehensive look at the system including how it works in practice, theoretical and historical underpinnings, and how it might evolve. The first section of the book explains the Communist Party's utilitarian approach to law: rule by law. The second section discusses Confucian and Legalist views on morality, law and punishment, and the influence such traditional Chinese thinking has on contemporary Chinese law. The third section focuses on the roles of key players (including judges, prosecutors, lawyers, and legal academics) in the Chinese legal system. The fourth section offers Chinese legal case studies in civil, criminal, administrative, and international law. The book concludes with a comparison of China's fundamental governing and legal principles with those of the United States, in such areas as checks and balances, separation of powers, and due process. - Uses extensive legal materials and historical documents generally unavailable to Western based academics - Gives insider knowledge, including first-hand experience teaching law, and close involvement with judges, attorneys, and law professors in China - Analyses legal issues from historical and cultural perspectives holistically

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Le site d'éditeur LexisNexis indique : "The first edition of this book, which appeared in 1992, was one of the first books in the English language on the Chinese legal system written from a comparative jurisprudential perspective. This fourth edition now provides an up-to-date account of this system's history, constitutional structure, sources of law, major legal institutions (such as the courts, the procuratorates, the legal profession and the Ministry of Justice), as well as the basic concepts and principles of procedural and substantive law. "

This book systematically and concisely expounds the construction process of China's legal system since China's reform and opening-up. Chapter 1 defines the legal system in China and describes the development of China's legal system from 1949 to 1978. Chapter 2 introduces China's legislative system, including its historical development, division of legislative functions and power, and legislative procedures. Chapter 3 compares the differences between the law systems of other countries and China's law system and how other law systems in the world influences the law system in China. Chapter 4 studies China's constitutional law system, including its historical development, forms of law and enforcement of the constitution. Chapter 5 introduces China's administrative legal system, including main principles, administrative legislation and administrative compensation. Chapters 6, 7, 8, 9 describe China's civil and commercial legal system, China's economic legal system, China's social legal system and China's criminal legal system respectively. Chapter 10 introduces China's legal system in litigation and non-litigation procedure in terms of criminal, civil, administrative and non-litigation procedures. Chapter 11 analyses the legal system of the special administrative regions in China and its relationship with China's legal system. The last chapter, Chapter 12 studies the relationship between the international law and China's domestic law system.

This book explores legal mobilization, culture, and institutions in contemporary China from a perspective informed by 'law and society' scholarship.

This volume challenges the conventional wisdom about judicial independence in China and its relationship to economic growth, rule of law, human rights protection, and democracy. The volume adopts an interdisciplinary approach that places China's judicial reforms and the struggle to enhance the professionalism, authority, and independence of the judiciary within a broader comparative and developmental framework. Contributors debate the merits of international best practices and their applicability to China; provide new theoretical perspectives and empirical studies; and discuss civil, criminal, and administrative cases in urban and rural courts. This volume contributes to several fields, including law and development and the promotion of rule of law and good governance, globalization studies, neo-institutionalism and studies of the judiciary, the emerging literature on judicial reforms in authoritarian regimes, Asian legal studies, and comparative law more generally.

In this compelling analysis, noted legal scholar Pitman Potter examines the ideals and practices of Chinas legal regime, in light of international standards and local conditions.