A Brief Introduction to the People's Courts of the People's Republic of China
Author : China. Supreme People Court. General Office
Publisher :
Page : pages
File Size : 40,39 MB
Release : 1988
Category :
ISBN :
The People’s Courts
Author : Jed Handelsman Shugerman
Publisher : Harvard University Press
Page : 0 pages
File Size : 34,25 MB
Release : 2012-02-27
Category : Law
ISBN : 9780674055483
Book Description
In the United States, almost 90 percent of state judges have to run in popular elections to remain on the bench. In the past decade, this peculiarly American institution has produced vicious multi-million-dollar political election campaigns and high-profile allegations of judicial bias and misconduct. The People’s Courts traces the history of judicial elections and Americans’ quest for an independent judiciary—one that would ensure fairness for all before the law—from the colonial era to the present. In the aftermath of economic disaster, nineteenth-century reformers embraced popular elections as a way to make politically appointed judges less susceptible to partisan patronage and more independent of the legislative and executive branches of government. This effort to reinforce the separation of powers and limit government succeeded in many ways, but it created new threats to judicial independence and provoked further calls for reform. Merit selection emerged as the most promising means of reducing partisan and financial influence from judicial selection. It too, however, proved vulnerable to pressure from party politics and special interest groups. Yet, as Shugerman concludes, it still has more potential for protecting judicial independence than either political appointment or popular election. The People’s Courts shows how Americans have been deeply committed to judicial independence, but that commitment has also been manipulated by special interests. By understanding our history of judicial selection, we can better protect and preserve the independence of judges from political and partisan influence.
Selected Cases from the Supreme People’s Court of the People’s Republic of China
Author : China Institute of Applied Jurisprudence
Publisher : Springer Nature
Page : 440 pages
File Size : 39,20 MB
Release : 2024-02-23
Category : Law
ISBN : 9819963648
Book Description
This book includes focal and vital cases tried by presiding justices, guiding cases from the Supreme People’s Court, and cases discussed at the Joint Meetings of Presiding Judges from various tribunals. This book is divided into three sections, including Cases by Justices, Guiding Cases, and Typical Cases, which will introduce readers to Chinese legal processes, legal methodology, and ideology in an intuitive, clear, and accurate manner. This book presents cases selected by the trial departments of the Supreme People’s Court of China from their concluded cases. In order to give full weight to the legal value and social function of cases from the Supreme People’s Court, and to achieve the goal of “serving the trial practices, serving economic and social development, serving legal education and legal scholarship, serving legal exchanges among Chinese and foreign legal communities, and serving the rule of law in China”, the China Applied Jurisprudence Institute, with the approval of the Supreme People’s Court, opts to publish Selected Cases from the Supreme People’s Court of the People’s Republic of China in both Chinese and English, for domestic and overseas distribution.
The Power of the Supreme People's Court
Author : Ding Qi
Publisher : Routledge
Page : 182 pages
File Size : 35,24 MB
Release : 2019-08-09
Category : Law
ISBN : 0429581157
Book Description
This book explores the recent development of the Supreme People’s Court of China, the world’s largest highest court. Recognizing that its approach to exercising power in an authoritarian context has presented a challenge to the understanding of judicial power in both democratic and non-democratic legal settings, it captures the essence of the Court through its institutional design as well as functional practice. It argues that regardless of the deep-seated political and institutional constraints, the Court has demonstrated a highly pragmatic interest in fulfilling its primary functions and prudently expanding judicial power in the context of reform-era China. This notwithstanding, it also discusses how the Court’s incompetence and reluctance to challenge the bureaucratism and politicization suggests that the call for an impartial and authoritative judicial power will continue to be jeopardized while the Court operates in the shadow of Party authority and lacks meaningful checks and balances. Drawing on the experience of the Court, this book reflects on some deep-rooted misunderstandings of legal development in China, providing a source of inspiration for reconceptualizing the internal logic of a distinct category of judicial power.
The People's Courts
Author : Henry McAleavy
Publisher :
Page : 48 pages
File Size : 49,34 MB
Release : 1961
Category :
ISBN :
Book Description
Brief introduction to the People's Courts of the People's Republic of China
Author :
Publisher :
Page : 23 pages
File Size : 32,86 MB
Release : 1988
Category :
ISBN :
Book Description
Law in the People's Republic of China
Author : Ralph Haughwout Folsom
Publisher : BRILL
Page : 1108 pages
File Size : 36,43 MB
Release : 1989-01-01
Category : Law
ISBN : 9780792300557
Book Description
Supreme Courts in Transition in China and the West
Author : Cornelis Hendrik (Remco) van Rhee
Publisher : Springer
Page : 250 pages
File Size : 47,34 MB
Release : 2017-02-20
Category : Law
ISBN : 3319523449
Book Description
This edited volume looks at supreme courts in China and the West. It examines the differences and similarities between the Supreme People’s Court of Mainland China and those that follow Western models. It also offers a comparative study of a selection of supreme courts in Europe and Latin America. The contributors argue that the Supreme Courts should give guidance to the development of the law and provide legal unity. For China, the Chinese author argues, that therefore there should be more emphasis on the procedure for reopening cases. The chapters on Western-style supreme courts argue that there should be adequate access filters; the procedure of reopening cases is considered to be problematic from the perspective of the finality of the administration of justice. In addition, the authors discuss measures that allow supreme courts in both regions to deal with their existing caseload, to reduce this caseload, and to avoid divergences in the case law of the supreme court. This volume offers ideas that will help supreme courts in both the East and the West to remove unmanageable caseloads. As a result, these courts will be better able to assist in the interpretation and clarification of the law, to provide for legal unity, and to give guidance to the development of the law.
Contracts in the People’s Republic of China
Author : Jacques H. Herbots
Publisher : Die Keure Publishing
Page : 295 pages
File Size : 44,76 MB
Release : 2018-03-12
Category : Law
ISBN : 9048632730
Book Description
A complete and well-documented review of contract law in China. This in-depth introduction to the law of contracts of Mainland China was written for Western lawyers who have contacts with the People’s Republic of China, for scholars and students of comparative law or of Sinology. As stated above the book is merely an introduction, not a technical legal treatise for specialised private lawyers. It is therefore useful for businessmen too. Without using stale language, this work also places the law of contractual obligations in an historical and socio-political context. It sketches, besides the general theory of contractual obligations and the provisions on the several specific contracts, the Chinese case law on international sales contracts, as well as the law on the dispute resolution. It can be said that with regard to the private law the book opens a window on the continental Chinese legal culture, as Zweigert and Kötz would call it. An essential handbook for all lawyers who wish to be fully involved in international relationships ABOUT THE AUTHOR Jacques H. Herbots devoted his PhD thesis to African law. Thereafter, for many years he taught contracts, obligations and comparative law at the renowned university of Louvain. Besides his main tasks as a professor, he kept feeling the pulse of the living law as a deputy judge, as an assessor in the Belgian Council of State and as a member of the High Council for the Judiciary. He is currently still arbitrator in the Belgian Centre for Arbitration and Mediation, and he was appointed to the panel of the CIETAC in Beijing. Ever since a visit to the People’s Republic in 1974, one may safely say he has been fascinated by the Empire of the Middle.
People's Courts in the U.S.S.R.
Author : Лев Шейнин
Publisher : Moscow : Foreign Languages Publishing House
Page : 116 pages
File Size : 25,78 MB
Release : 1957
Category : Civil procedure
ISBN :
