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Chinese Legal Reforms
Transformations in a Decade
Series: - Chinese and Comparative Law Series, Volume: 12
Author:
This book explains the details and underlying thinking of many major reforms to Chinese law and legal practice that have taken place since 2013. It draws widely on laws and regulations, policies, cases, official statistics as well as the latest Chinese and foreign literature. The informed analysis answers intriguing questions such as why China runs the worldâs largest database of court judgments without recognising any precedent, or why the number of judges was cut by 40% despite a more than doubled caseload. Ultimately it offers a new approach on how to understand Chinese law and legal reforms in the contemporary world.
Lu Xu, PhD (2008), University of Strathclyde, is Senior Lecturer in Property Law at Lancaster University. He has published several articles on Chinese law and legal reforms covering different areas from land registration, the emerging case law system to environmental litigation.
Preface
List of Figures and Tables
Laws
Regulations and other Policy Documents
Cases
1 Introduction: A Decade of Transformation of Chinese Law
â1 Socialist Rule of Law with Chinese Characteristics
â2 Difficulty in Understanding Chinese Legal Reforms
â3 The Rationale and Approach in This Book
â4 Chapter Overview
2 The National Peopleâs Congress and the Constitution
â1 Overview of Peopleâs Congresses
â2 Terminology of Chinese Legislation
â3 The Evolving Attitude towards the Constitution and Legislation
â4 Understanding the National Peopleâs Congress
â5 The Communist Party and the 2018 Constitutional Amendments
â6 Understanding the Legislature and the Constitution in the Chinese Context
3 The Court on the Rise
â1 Overview of the Court Structure
â2 Reforms in Local Courts
â3 Reforms by the Supreme Peopleâs Court
â4 Criticisms, Constraints, and Concerns of the Reforms
4 The Emerging Case Law System
â1 Pre-reform Context and Terminology
â2 Components of the Current Adaptation to a System of Case Law
â3 Critical Analysis of the Emerging Case Law System
â4 Implications of the System of Case Law
5 Judiciary under Pressure
â1 Judicial Independence, Judicial Competence and Adjudication Committees
â2 Quota Judge Reforms
â3 Mobility of Judges and Reforms for Appointment of Judges to Higher Courts
â4 Competition, Workload, Prestige and Status of the Judiciary
â5 The Power Balance of the Chinese Court and Judges
6 The Expanding Procuratorate
â1 Overview of the Peopleâs Procuratorate
â2 Changing Nature of Procuratorial Work
â3 Four Major Categories of Procuratorial Work
â4 Aspects of the Expanding Procuratorate
â5 The Evolving Roles of the Procuratorate
7 Local Government and Administrative Law
â1 Administrative Reconsideration
â2 Administrative Litigation
â3 Analysing Chinese Administrative Law and Government
8 Lawyers and Legal Education
â1 Overview of the Growing Legal Profession
â2 Interpreting Choices and Effects of Lawyer Representation
â3 Litigation Costs
â4 Restrictions of the Profession
â5 Legal Education
9 Conclusion: Understanding Chinese Law in the Contemporary World
â1 A Decade of Transformation of Chinese Law
â2 Analysing Policies and Reforms
â3 Disappointment in Chinese Legal Reforms
â4 Understanding Chinese Law and Legal Reforms in the Contemporary World
â5 Final Thoughts
Bibliography
Bibliography of Chinese books and articles
Index
List of Figures and Tables
Laws
Regulations and other Policy Documents
Cases
1 Introduction: A Decade of Transformation of Chinese Law
â1 Socialist Rule of Law with Chinese Characteristics
â2 Difficulty in Understanding Chinese Legal Reforms
â3 The Rationale and Approach in This Book
â4 Chapter Overview
2 The National Peopleâs Congress and the Constitution
â1 Overview of Peopleâs Congresses
â2 Terminology of Chinese Legislation
â3 The Evolving Attitude towards the Constitution and Legislation
â4 Understanding the National Peopleâs Congress
â5 The Communist Party and the 2018 Constitutional Amendments
â6 Understanding the Legislature and the Constitution in the Chinese Context
3 The Court on the Rise
â1 Overview of the Court Structure
â2 Reforms in Local Courts
â3 Reforms by the Supreme Peopleâs Court
â4 Criticisms, Constraints, and Concerns of the Reforms
4 The Emerging Case Law System
â1 Pre-reform Context and Terminology
â2 Components of the Current Adaptation to a System of Case Law
â3 Critical Analysis of the Emerging Case Law System
â4 Implications of the System of Case Law
5 Judiciary under Pressure
â1 Judicial Independence, Judicial Competence and Adjudication Committees
â2 Quota Judge Reforms
â3 Mobility of Judges and Reforms for Appointment of Judges to Higher Courts
â4 Competition, Workload, Prestige and Status of the Judiciary
â5 The Power Balance of the Chinese Court and Judges
6 The Expanding Procuratorate
â1 Overview of the Peopleâs Procuratorate
â2 Changing Nature of Procuratorial Work
â3 Four Major Categories of Procuratorial Work
â4 Aspects of the Expanding Procuratorate
â5 The Evolving Roles of the Procuratorate
7 Local Government and Administrative Law
â1 Administrative Reconsideration
â2 Administrative Litigation
â3 Analysing Chinese Administrative Law and Government
8 Lawyers and Legal Education
â1 Overview of the Growing Legal Profession
â2 Interpreting Choices and Effects of Lawyer Representation
â3 Litigation Costs
â4 Restrictions of the Profession
â5 Legal Education
9 Conclusion: Understanding Chinese Law in the Contemporary World
â1 A Decade of Transformation of Chinese Law
â2 Analysing Policies and Reforms
â3 Disappointment in Chinese Legal Reforms
â4 Understanding Chinese Law and Legal Reforms in the Contemporary World
â5 Final Thoughts
Bibliography
Bibliography of Chinese books and articles
Index
This title is for undergraduate and postgraduate students studying law, politics or China; academics and experts of law and related disciplines; university libraries; governmental institutions that deal with China and Chinese actors; legal practitioners that engage with Chinese law; other commercial and non-commercial entities that deal with Chinese clientele; journalists and other non-legal specialist who need to know the basics of Chinese law.