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S08/0200 --- China: Law and legislation--General works and codices: traditional --- Civil law --- Justice, Administration of --- History. --- History

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The History and Theory of Legal Practice in China: Toward a Historical-Social Jurisprudence goes beyond the either/or dichotomy of Chinese vs. Western law, tradition vs. modernity, and the substantive-practical vs. the formal. It does so by proceeding not from abstract legal texts but from the realities of legal practice. Whatever the declared intent of a law, it must in actual application adapt to social realities. It is the two dimensions of representation and practice, and law and society, that together make up the entirety of a legal system. The assembled articles by the editors and a new generation of Chinese scholars illustrate a new “historical-social jurisprudence,” and explore the possible conceptual underpinnings of a modern Chinese legal system that would both accommodate and integrate the unavoidable paradoxes of contemporary China.

Law --- Jurisprudence --- Justice, Administration of --- History. --- Philosophy --- S08/0200 --- China: Law and legislation--General works and codices: traditional

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S08/0200 --- S08/0350 --- S08/0300 --- China: Law and legislation--General works and codices: traditional --- China: Law and legislation--General works and codices: since 1949 --- China: Law and legislation--General works and codices: general and before 1949

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Who are the legislators and what are the products of the legislative process in China? How does a law come into being? What meaning should we ascribe to these legislative products from the perspective of legal certainty? Can we recognise a Chinese approach to or style of law-making? What technical legislative problems have Chinese jurists identified and what sorts of solutions to them are being considered? These are the questions which Law-making in the PRC attempts to solve. The volume opens with papers on the historical perspective of law-making, on ideology and law-making, and on a comparison between the PRC's legal framework and the frameworks of other legal systems. Part II deals with various `Institutions and Actors' involved, and offers analyses of the National People's Congress, the State Council, departmental rule-making, local law-making, law-making in autonomous regions, public participation, and the proposed law on law-making by academics. Part III offers three `case studies' in which important areas of legal development are analysed from a law-making point of view. The selected areas are administrative law, contract law, and criminal law.

S08/0200 --- China: Law and legislation--General works and codices: traditional --- Administrative regulation drafting --- Bill drafting --- Law --- Legislation --- Methodology. --- Methodology --- Legislative process --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Drafting of bills --- Legislation drafting --- Legislative drafting --- Authorship --- Administrative rule drafting --- Drafting of administrative regulations --- Administrative procedure --- Delegated legislation --- Language

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Law --- China --- Droit --- S08/0200 --- S08/0300 --- S08/0350 --- 34 <51> --- -#SML: Joseph Spae --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- China: Law and legislation--General works and codices: traditional --- China: Law and legislation--General works and codices: general and before 1949 --- China: Law and legislation--General works and codices: since 1949 --- Rechtswetenschappen.--China --- 34 <51> Rechtswetenschappen.--China --- #SML: Joseph Spae --- Law - China