Download Chinese Contract Law: Theory and Practice by Mo Zhang PDF

By Mo Zhang

This publication bargains a accomplished research within the theories and framework of chinese language agreement legislations in addition to its implication in chinese language judicial practices during the contemporary instances in chinese language people’s courts. It goals to supply solutions to the above questions in a scientific means, theoretically and virtually; it for this reason analyzes the problems surrounding the method of contract-making and function less than the chinese language agreement legislations and doctrines underlying the legislations. the focal point is upon issue-oriented discussions from which diverse recommendations should be drawn according to the character of specific truth styles. moreover, for study reasons, an analytical comparability is hired with reference to the legislation that govern contracts to aid illustrate how chinese language legislations is distinct. briefly, the ebook provides a well-analyzed within view of chinese language agreement legislation in thought and perform, to be able to be of curiosity to either educational researchers and practitioners within the zone of contracts.

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Example text

Civil Law Influence The modern Chinese legal system is strongly marked with the civil law tradition. Historically, China was a closed and self-sufficient country and the “Great China” used to be taken as the shining glory in many dynasties and little attention was ever paid to any of other countries in the world. Perhaps because of the indulgence in this glory, the emperors, though in different dynasty, were inured to living in the dream that they were the center of the world and whoever came to see them must show sincere respect on bended knees.

In its notice, the court stated that during the trial the people’s court may only apply the law and has no authority to question the validity of local law and regulations. 66 Consequently, Judge Li Hui Juan’s employment with the court was suspended for months and although her employment was later reinstated, clearly this incident may negatively affect her promotion in the court or even her career as a judge. It is without doubt that the Luo Yang case set a very illustratable example about how the judges might be treated in China when they are tying to be independent.

Interestingly, the trial court decision of the Lou Yang case was appealed by both plaintiff and defendant to the High People’s Court of He Nan Province. In its decision entered on May 9, 2004, the High People’s Court affirmed the trial court’s opinion concerning the legal effect of the National Seeds Law over the local regulations in question. The High People’s Court held that the since the contract in the instant case was concluded on May 22, 2001, its validity must be viewed in the light of the Contract Law and related judicial interpretations, and on this ground, the validity of this contract should be determined according to Article 52 (5) of the Contract Law and Article 4 of the Supreme People’s Court “Explanations to the Questions concerning Application of the Contract Law of the People’s Republic of China”.

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