In order to precisely grasp the comparatively new theory introduced during legislation and accurately apply in practice ,the charpter two probes and cards the expectant default system and fundamental default system from the theory origin,historical development ,relation with the continental law,option of Chinese law’s transplant and application.
The essential significance of the contemporary Chinese legal development lies in the historic transform and revolution from "the ruled by men model", which is under the traditional planned economy to "the ruled by law model", under the modern market economy.
During the course of constructing the rule of law, we must reject the irrational factors of Chinese traditional legal value and learn from the fruit of human civilization and thus promote the modernization of the Chinese legal value.
In orderTo make Chinese laws in accordance with the requirements and regulations of GATT/ WTO, the Chinese government continuously perfected the legal system during the process from the returning of GATT to the entrance of WTO, which lasts 15 years. Meanwhile Chinese people renewed their sense of laws.
From the general theories of international treaties and domestic laws,as well as the foreign-related regulations in Chinese laws,this article discusses China's general attitude towards international treaties in China,the intimate relationship between China's maritime legislation and the international maritime treaties and practices and examines the present application rules of international maritime treaties in China.
Reasonable conclusions about the acceptance and rejection of tradition of legal culture has existed in the modernization of Chinese laws, while transplantation of laws, as the inexorable choice of construction and operation of legality has already become a historical final conclusion.
An equal division of property in divorce is specified by the current Chinese laws and factors such as economically disadvantaged position of women during the economic transitional period and specific difficulties faced by divorced women in traditional culture and practice have not been given sufficient consideration.
Starting with English translation of some Chinese laws as well as the point that law translation is a creative process,this thesis focuses on defining the creativity of law translation,elaborating on what degree of freedom law translators are entitled to and how they can bring their creativity into full play in law translation,and presenting a point of view that the creativity of law translation is the approach to the fluent and smooth renditions.
A Dialectic Study of the Structure and Basic Concepts of Traditional Chinese Law and an Analysis of the Relationship Between li
If the modern concept of law, already changed and still changing, is to be used to mechanically compare and interpret traditional Chinese law, misunderstandings might arise.
Actually, li and fa are indispensable components of traditional Chinese law, and the lack of necessary study of the li will prevent us from understanding and explaining the spirit of traditional Chinese law.
In Late Qing Dynasty, the Chinese Law Family was disintegrated and the Western Law was introduced into China.
Globalization of the economy, public affairs, human rights, environmental issues and laws indicate the developing tendency of human beings and society, and this has a great influence on the third reform of Chinese law in many aspects.
It also tries to answer the question of what will be the possible impact upon the current Chinese legal system since China now implements the policy of "one country two systems" in order to realize its reunification with Hong Kong, Macau and Taiwan.
In addition, it will make some prediction upon the future development of Chinese legal system.
As the adhesive of professional community of media and an important means of maintaining knowledge production, periodicals created some new authority of saying, based on which the tradition of modern Chinese legal system has been established.
After that period, Chinese legal system had gradually accommodated various forms in coexistence, with codes as the main body but cases as supplementary.
Problems arise especially in cases where it is not clear how to prioritise different obligations, and this has been noted as a difficulty in the Chinese legal system.