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Chinese Civil Adjudications III

Lagging Law and Advancing Society

Cui Jianyuan

$284

Hardback

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English
Routledge
22 May 2024
As the final volume of a three-volume set that critically examines typical civil cases in China, this book focuses on resolving conflicts between outdated laws and an advancing society.

Laws may become obsolete over time, or their relevance may be greatly diminished. With social changes and changes in the social system, it becomes inevitable to update laws. In China's reform and opening-up era, the social relations governed by civil and commercial laws are constantly evolving, resulting in noticeable changes. However, the enacted and effective civil and commercial laws may not immediately keep pace with these changes. Against this background, it may not always be appropriate to apply the law mechanically, especially in individual cases. Judgments in particular cases may be based on the details of those cases, guided by fundamental principles, and may disregard certain specific provisions in order to achieve fairness and justice. Some of the nine cases discussed in this volume have successfully practiced these principles, but most still have room for criticism and improvement.

The book will appeal to scholars and students interested in China's civil litigation, civil law system and judicial reform, and comparative law.

By:  
Imprint:   Routledge
Country of Publication:   United Kingdom
Dimensions:   Height: 234mm,  Width: 156mm, 
Weight:   430g
ISBN:   9781032719849
ISBN 10:   1032719842
Pages:   140
Publication Date:  
Audience:   College/higher education ,  Professional and scholarly ,  Primary ,  Undergraduate
Format:   Hardback
Publisher's Status:   Active

Cui Jianyuan is currently Senior Professor in Humanities and Social Sciences, Tan Zhao Chair Professor and a Changjiang Scholar Distinguished Professor at Tsinghua University, China. He also serves as the Vice President of the Civil Law Society at the China Law Society. His research focuses on the field of civil law, and he has expertise in general provisions, property law, contract law, unjust enrichment and negotiorum gestio, and tort liability law.

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