By C. H. Van Rhee Lei Chen
At present, China is drafting its new Civil Code. by contrast heritage, the chinese language criminal neighborhood has proven a growing to be curiosity in numerous criminal and legislative principles from worldwide. ''Towards a chinese language Civil Code'' goals at offering the mandatory old and comparative criminal views. The publication addresses the subsequent themes: estate legislations, agreement legislation, tort legislations and civil approach
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Extra info for Towards a Chinese civil code : comparative and historical perspectives
Example text
The General Principles of the Civil Law (GPCL), promulgated in 1986, was the first basic law to regulate civil relations in the PRC. It is a milestone in the development process of civil law legislation and its promulgation signifies a significant move towards improving the market economy as well as towards establishing a new social and economic order. The GPCL lays a solid foundation for the construction of the Civil Code, for it not only establishes the fundamental principles and concepts, but also builds on the basic framework of civil law legislation.
While the parties might petition for a retrial, it was at the discretion of the relevant people’s court or people’s procuratorate to decide whether to initiate the retrial or not. One of the purposes of the 2007 amendment of the Civil Procedure Law is to make the retrial procedure more accessible to the parties, so as to solve the so-called zaishen nan (difficult to initiate a retrial procedure) problem. As a result, the 2007 amendment has transformed the retrial procedure into a more appeal-like procedure.
Remco) van rhee proceedings. In addition, the effects for civil litigation of modern computerised data processing methods are analysed, as well as the effects of the so-called ‘contractualization’ of civil procedure. Final Remarks At the end of this introduction, the editors would like to suggest that this first book on the development of the Chinese civil code in English should be the starting point of further publications on the topic in that language. Given the dynamic changes in Chinese civil law and the broad coverage of the present book, additional publications in English are urgently needed in order to keep the global community of lawyers informed.