Chinese Civil Justice, Past and Present (eBook)

Philip C. C. Huang (Autor)

eBook Download: EPUB

2009
316 Seiten
Rowman & Littlefield Publishers (Verlag)
978-0-7425-6771-9 (ISBN)

Infos

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. The author argues that, despite formal adherence to Western law and legal theory, traditional Chinese judicial practices continue to flourish. Huang draws on a rich array of court records and field interviews to illustrate the surprising strength of traditional Chinese civil justice, as can be seen in societal and cadres mediation, and in court actions with respect to property rights, inheritance and old-age maintenance, and debts. Maoist justice too remains influential, especially its divorce and court mediation practices. Finally, despite the recent massive adoption of Western laws, legal reasoning employed in judicial practice has shown stunning continuity, with major implications for China's future.

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The culmination of twenty years of research, this essential book completes distinguished historian Philip C. C. Huangs 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 Chinas own lawmakers, first in the late Qing and the republic, then in the revolutionary and Maoist periods of the Peoples Republic, and finally again in the current reform era. Considering legal theory alone, modern Chinese law can only be Western law, and past Chinese lawtraditional or Maoistcan have no role under the leaderships 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 eras massive importation of Western laws, legal reasoning employed in judicial practice has shown remarkable continuity, with major implications for Chinas future legal system.

Autor

Philip C. C. Huang is professor of history emeritus at the University of California, Los Angeles.

Inhalt

Preface: Why Do We Need a Different Approach to the Study of Chinese Law?Introduction: The History-of-Practice Approach to Studying Chinese LawChapter 1: Community Mediation, Past and PresentChapter 2: Centralized Minimalism: Semiformal Governance by Quasi-Officials and Dispute ResolutionChapter 3: Divorce Law Practices: The Origins, Myths, and Realities of Judicial "Mediation"Chapter 4: "Reform" in Evidence Procedure: Reasonable and Unreasonable Practices of Divorce LawChapter 5: Civil Adjudication, Past and PresentChapter 6: Court Mediation, Past and PresentChapter 7: Whither Chinese Law?Conclusion: Past and Present

Produkt-Details

• Erscheint lt. Verlag: 16.12.2009
• Reihe/Serie: Asia/Pacific/Perspectives
• Sprache: englisch
• Themenwelt: Sachbuch/Ratgeber ► Freizeit / Hobby ► Sammeln / Sammlerkataloge
• Themenwelt: Geisteswissenschaften ► Geschichte ► Regional- / Ländergeschichte
• Themenwelt: Recht / Steuern ► EU / Internationales Recht
• Themenwelt: Recht / Steuern ► Öffentliches Recht
• Schlagworte: Asian Studies • China Studies • Chinese studies
• ISBN-10: 0-7425-6771-0 / 0742567710
• ISBN-13: 978-0-7425-6771-9 / 9780742567719