Chinese law and its international projection : building a community with a shared future for mankind / Maria Francesca Staiano.

This book aims to explore the construction of Chinese law, with an evolution that has been strongly inspired by international law that has functioned as a "pioneer of legal civilization" in China. Chinese law is a fluid sedimentation of traditional elements of Chinese culture and the inter...

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Bibliographic Details
Main Author: Staiano, M. Francesca (Author)
Format: eBook
Language:English
Published: Singapore : Springer, [2023]
Series:Understanding China (Springer (Firm))
Subjects:
Online Access:Click for online access
Table of Contents:
  • Intro
  • Foreword
  • Premise
  • Contents
  • 1 Traditional Elements in the Chinese Legal System
  • 1.1 Legal Tradition: The Evolution from the Sinic Legal System to the Chinese Legal System
  • 1.2 Origins of the Conception of the Rule of Law in China
  • 1.3 Humanism or Not Humanism?
  • 1.4 Roman Law in Chinese Law: "Double Philosophical Tradition" System
  • 1.5 The Two Silk Routes: An Ancient Way to Globalisation of Law?
  • References
  • 2 International Law as a Pioneer in the Chinese Domestic Juridical System
  • 2.1 "Constitutive Union" Between the General Theory of Law and the International Relations Theory in China
  • 2.2 The Issues of International Agreements on Human Rights as a Fundamental Step in Building the Chinese Law System
  • 2.3 The Development of Chinese Domestic Law in the Light of International Agreements on Human Rights
  • References
  • 3 The Evolution of the Chinese Legal System: Building a "Rule of Law" with Chinese Characteristics
  • 3.1 Building a System of Socialist Rule of Law with Chinese Characteristics
  • 3.2 Constitutional Reforms
  • 3.3 Chinese New Civil Code: Unification and Humanism in Chinese Law
  • References
  • 4 Building a Community with a Shared Future for Mankind: Legal Internal Elements and International Vocations
  • 4.1 The Idea of "Prosperous State" in China: Legal Humanistic Aspects
  • 4.2 Building a Community with a Shared Future for Mankind: The Thought of Xi Jinping on Rule of Law
  • 4.3 The Materializations of a Prosperous State and Community with a Shared Future
  • 4.4 Some Final Remarks
  • References
  • 5 Building a Community with a Shared Future for Mankind in International Law Through the Chinese International Relations Theories
  • 5.1 Chinese Characteristics and Their Importance
  • 5.2 The Main Chinese International Relations Theories
  • 5.2.1 The "Relational" Theory of International Relations
  • 5.2.2 Human Authority
  • 5.2.3 The Symbiotic International System
  • 5.2.4 The Community with a Shared Future for Mankind
  • 5.3 Building a Community with a Shared Future for Mankind: From Theory to Practice
  • 5.4 Some Final Remarks
  • References
  • 6 Symbols and Signs
  • References