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CONTEMPORARY CHINESE LAW

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Author: Chen Zexian;
Language: English
Page: 262
Publication Date: 06/2009
ISBN: 9787510200977
Details
About Author
Professor Zexian Chen
Director and Professor of the Centre for International Law Studies, Chinese Academy of Social Sciences;
Deputy Director of the Human Rights Research Center of Chinese Academy of Social Sciences;
Council Member of China Law Society;
Vice President of Criminal Law Association of China Law Society.
·LL.B, Southwest University of Political Science and Law (1982)
· CLEEC Scholar, Law School at Berkeley, California University (1987-1988)
· Fulbright Scholar, Law Schools of Columbia University and Yale University(2000-2001)
Main publications:
· Ratification and Implementation of International Convenant of Civil and
Political Rights(2008)
· Strengthening the Defence in Death Penalty Cases(2006)
· Seek for Rule of Law in Criminology(2003)
· Economic Criminal Law(2001 )
· Drug Crimes and Countermeasures(1992)
Main theses:
· The Principle of "no crime or penalty without a law" and Criminal Justice
· Character of the Jurisdiction of the ICC
· Restrictions on the Imposition of the Death Penalty
· The System of Reeducation Through Labor and Its Reform
· Judicial Independent and Power Supervision
· Reform the Judicial System and Prevent Corruption
· Developments of Criminal Law System and Protection of Civil Rights
· Comprehensive Control on Public Security
Table of Contents
Chapter 1 Introduction
1.1 Chinese Legal System
1.2 Chinese Legislative System
1.3 Chinese Judicial System

Chapter 2 Constitution
2.1 Legal Forms of the Constitution
2.2 China's Main Constitutional Systems
2.3 Supervision over the Implementation of the Constitution

Chapter 3 Administrative Law and Administrative Litigation Law
3.1 Introduction
3.2 Administrative Organs and Civil Servants
3.3 Administrative Legislation and Administrative Rules
3.4 Administrative License
3.5 Administrative Penalty
3.6 Administrative Coercion
3.7 Disclosure of Government Information
3.8 Administrative Reconsideration
3.9 Administrative Litigation
3.10 Administrative Compensation

Chapter 4 Civil Law
4.1 Overview
4.2 Real Right Law
4.3 Intellectual Property Law
4.4 Contract Law
4.5 Tort Law
4.6 Marriage, Family and Succession Law

Chapter 5 Civil Procedural Law
5.1 Introduction
5.2 The Basic Systems and Norms of Civil Proceedings
5.3 Trial Procedures
5.4 Special Provisions of the Civil Procedures Involving
Foreign Elements

Chapter 6 Substantive Criminal Law
6.1 Fundamental Principles and Scope of Application
6.2 Elements of Crime, Justifiable Defence and Patterns of Crime
6.3 System and Types of Punishments
6.4 Concrete Offences

Chapter 7 Criminal Procedural Law
7.1 The Sources of Criminal Procedural Law
7.2 General Principles on Criminal Process
7.3 Criminal Proceeding Systems
7.4 Criminal Process

Chapter 8 Business Law
8.1 Company Law
8.2 Foreign-Invested Enterprises Law
8.3 Law on Negotiable Instruments
8.4 Insurance Law
8.5 Maritime Law
8.6 Bankruptcy Law
8.7 Securities Law

Chapter 9 Economic Law
9.1 Competition Law
9.2 Consumer Law
9.3 Product Quality Law
9.4 Financial Law
9.5 Tax Law
9.6 Labour Law
9.7 Environmental Protection Law

Chapter 10 Foreign Trade Law
10.1 Foreign Trade Law System
10.2 Fundamental Contents of the Foreign Trade Law
10.3 Foreign Trade Remedies
Sample Pages Preview
According to Article 100 of the present Constitution, the people's congresses of provinces and municipalities directly under the central Government and their standing committees may adopt local regulations, which must not contravene the Constitution, the law and administrative rules and regulations, and they shall report such local regulations to the Standing Committee of the NPC for the record. Article 63 of the Legislation Law of the People's Republic of China (PRC) states: "The people'scongresses or their standing committees of the comparatively larger cities may, in light of specific local conditions and actual needs, formulate local regulations, provided that they do not contradict the Constitution, the laws, the administrative regulations and the local regulations of their respective provinces or autonomous regions, and they shall submit the regulations to the standing committees of the people's congresses of the provinces or autonomous regions for approval before implementation. " The standing committees of the people's congresses of the provinces or autonomous regions, shall examine the legality of those local regulations submitted for approval, and shall approve them within four months if they do not contradict the Constitution, the laws, the administrative regulations, and the local regulations of their respective provinces or autonomous regions.
When the standing committee of the people's congress of a province or autonomous region examines the local regulations submitted for approval by a comparatively larger city, it shall make a decision and deal with the matter if it finds that the said regulations contradict the rules of the people's government of the province or autonomous region. A 'comparatively larger city' used in this law refers to a city where a provincial or autonomous regional people's government is located or where a special economic zone is located, or to a city defined as such by the State Council. Thus, according to the above-mentioned provisions of the Constitution and the Legislation Law, there are two kinds of local regulations in China: one is adopted by the people's congresses of provinces, autonomous regions and municipalities directly under the central Government and their standing committees, and the other, adopted by the people's congress and its standing committee of a comparatively larger city. In terms of legal effect, the legal effect of local regulations adopted by the people's congresses of provinces, autonomous regions and municipalities directly under the central Government and their standing committees is subordinate to the Constitution, laws and administrative rules and regulations.
CONTEMPORARY CHINESE LAW
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