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Comparative and Foreign Law

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2004

People's Republic of China (PRC)

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Full-Text Articles in Law

Looking For Law In China Ii: China’S Legal Reforms After Mao: Accomplishments And Future Prospects, Stanley B. Lubman Oct 2004

Looking For Law In China Ii: China’S Legal Reforms After Mao: Accomplishments And Future Prospects, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

In this talk I intend to summarize major accomplishments of Chinese law reform since 1978; and speculate on the future of Chinese law reform

  • In the course of this talk, I will note where China began when legal reform was first undertaken in 1979, and the enormous size and scope of the task that was undertaken.
  • I hope to give an indication both of the progress China has made, and of major obstacles to future reforms;
  • I have chosen one area to emphasize because it may light the way for further meaningful reforms: administrative law
  • I have also noted influences …


Looking For Law In China I: Themes And Issues In Western Studies Of Chinese Law, Stanley B. Lubman Oct 2004

Looking For Law In China I: Themes And Issues In Western Studies Of Chinese Law, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

I have been studying Chinese law since the early 1960s – some have said that I began before there was any. The field has expanded so far beyond its narrow scope at that time that this overview will illustrate an old Chinese saying: "riding a horse and looking at flowers." I will first review the growth of this scholarly field, because it is necessary to understand that there are layers of scholarship that reflect first the paucity of formal legal institutions in Maoist China, then the appearance of first shoots of new or rebuilt institutions, and only recently the publication …