Chinese Civil Justice, Past and Present
Rowman & Littlefield, 2010 - 297 sivua
The culmination of twenty years of research, this essential book completes distinguished historian Philip C. C. Huang's pathbreaking trilogy on Chinese law and society from late imperial times to the present. Huang shows how, at the level of ideology and theory, traditional Chinese law has been rejected time and again in the past century by China's own lawmakers, first in the late Qing and the republic, then in the revolutionary and Maoist periods of the People's Republic, and finally again in the current reform era. Considering legal theory alone, modern Chinese law can only be Western law, and past Chinese law-traditional or Maoist-can have no role under the leadership's current preoccupations with modernization and marketization. But what has actually happened historically at the level of judicial practice and the daily lives of common people? In exploring this central question, Huang draws on a rich array of court records and field interviews to illustrate the surprising strength of traditional Chinese civil justice. Albeit much altered, its legacy can be traced in informal and semiformal community justice (e.g., societal and cadres mediation), as well as in multiple spheres of court-administered formal civil justice, including property rights, inheritance and old-age maintenance, and debt obligations. He also identifies the influence of Maoist justice, especially its divorce and civil court mediation practices. Finally, despite the reform era's massive importation of Western laws, legal reasoning employed in judicial practice has shown remarkable continuity, with major implications for China's future legal system.
Mitä ihmiset sanovat - Kirjoita arvostelu
Yhtään arvostelua ei löytynyt.
Muita painoksia - Näytä kaikki
accept according actions actual adjudication adopted agreement allowed approach cadres called changes chapter China Chinese Chinese law civil claims compromise Confucian considered contemporary continued couple course court court mediation debt defendant discussed disputes distinctive divorce effect evidence example fact fact situations fault followed formal formalist Guomindang Huang husband ideals important inheritance involved judges justice kind land later litigants lived logic mainly Maoist marriage matters meaning mediation method mode moral obligation official once original parents party past peasant People's percent period petition plaintiff practice present principle problem procedures Qing reality reason reconciliation records Reform relationship relatively remained resolve responsibility rural seen sides simply social society theory thought tion took tort tradition turn village Western wife woman wrong yuan