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Dispute Resolution in the People’s Republic of China
Dispute resolution reforms in China in the last decade or so have all centred around the strategy of establishing an integrated dispute resolution system as part of China’s modern governance system. This new integrated system, referred to as the ‘Mechanism for Pluralist Dispute Resolution (PDR)’ in China, serves as a dispute resolution system as well as a comprehensive social control mechanism. This book is the first academic attempt to explain the methods of civil and commercial dispute resolution in China from the perspective of PDR. It systematically and critically examines the development of China’s dispute resolution system, with each chapter analysing in detail the development and transformation of the different institutions, mechanisms and processes in their historical, politico-economic and comparative context.
Supplanting Empires
What happens when one empire or hegemon cedes the global stage to a rising power? Supplanting Empires: Power Transitions Across Human History argues that, historically, such power transitions tend to be relatively smooth, resulting in the preservation of the status quo with respect to the global order and institutions. This stems from the tendency of rising powers to be closely associated with declining powers, to the point that they generally support and perpetuate the old ways of governing. They maintain similar governing institutions, retain ties to the former empire's allies, and generally endorse the declining empire's ideology and norms. The violence involved in such transitions tends to be limited, and societies and economies are typically left undisturbed. To test this proposition, Kendall Stiles and his students undertake a systematic study of numerous power transitions across millennia of human history. The implications of these findings have considerable relevance with respect to the contemporary power struggle between the United States and China.
Law and Politics in Modern China
This is an original interdisciplinary study of Chinese law, its language, and political institution. Evolving within a complex literary framework over thousands of years, Chinese language has lost its conceptual distinctiveness to its multilevel and overlapping meanings and connotations. Chinese law has become inflated with contrary rulings and exceptions. This mass of rules requires an extra-lingual (legal) authority to redefine boundaries and specify applications. This book follows and continues the author's, The Boundaries of Meaning and the Formation of Law (McGill University Press) by illustrating how language shapes the formation, application, and administration of law in various cultural environments. Law and Politics in Modern China is an important book for those interested in Chinese history, culture, law, and politics. It also provides refreshing insights about the way that law continues to function after its language matures and creates contradictions and loopholes within its system of rules--one of the most important issues facing Western legal administration in the immediate future.
The History of the Contractual Thoughts in Ancient China
This book explores the intellectual history of contract law in ancient China by employing archaeological and empirical methodologies. Divided into five chapters, it begins by reviewing the origin of the contract in ancient China, and analyzing its name, primary form, historical premise and functions. The second chapter discusses free will and lawfulness in the establishment of a contract, offering insights into the impact of contracts on social justice. In turn, the third chapter addresses the inner core of the contract: validity and liability. This allows readers at all levels to identify the similarities and differences between contracts from different eras and different parts of the world, which will also benefit those pursuing comparative research in related fields. Chapters four and five offer a philosophical exploration of contract history in ancient China, and analyze key aspects including human nature and ethical justice.
Introduction to Chinese Law
One of a series on Chinese law, this text provides comprehensive information and commentary on Chinese law and legal system. The book covers all legal disciplines, from the principle areas of constitutional, administrative and criminal law, to specialist fields such as intellectual property and environmental protection law. Each discipline is illustrated by recent legislation and significant rulings.
Contract and Property in Early Modern China
Providing a new perspective on economic and legal institutions, particularly on contract and property, in Qing and Republican history, this volume provides case studies to explicate how these institutions worked, while situating them firmly in their broader social context.
The Great Ming Code
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