Between Law & Harmony : An Introduction to Chinese Law

Between Law & Harmony provides a clear and comprehensive guide to Chinese contemporary law and covers the key areas of constitutional law, civil law, international trade law, company law, intellectual property and conflict of laws. The first part of the book is devoted to the historical development of Chinese law.

Particular attention is paid to the cultural roots underlying the development of the Chinese legal order: not only the Confucian thought is taken into consideration, but also reference is made to legalism (fajia) and other schools of thought that have exerted significant influence on the direction and shape of traditional Chinese culture and to the Republican modernization of the law in the Thirties. The second part goes on to examine contemporary institutions of Chinese law, by observing the latest developments in the fields of public and private law. The book focuses on recent efforts in the People's Republic of China (PRC) to develop a modern (socialist) market economy, and highlights the changes the Chinese legal system has undergone after the accession to the World Trade Organization. A wide range of legal areas is covered, from trade law, with a specific focus on foreign investment and international contracts, to civil law, such as marriage, contracts and property and constitutional law, with a look at the issue of legality. Fundamental rights protection is also considered. Between Law & Harmony then gives an account of the challenges of modernity that China is facing and has still to face, and of growing areas recognized in law, in relation to autonomy from politics. Appendix containing some excerpts of legislative texts (from the 1982 Constitution, the General Principles of Civil Law of 1986, the Contract Law of 1999, the Private International Law of 2011 etc.) and of related Supreme People's Court Opinions are included, in addition to a Chinese glossary for legal terms.