Book contents
- Law as an Instrument
- Law as an Instrument
- Copyright page
- Dedication
- Epigraph
- Contents
- Figures
- Tables
- Preface and Acknowledgements
- Abbreviations
- 1 Introduction
- 2 A Dual Constitution with Illiberal Characteristics
- 3 Judicial Interpretation as a de facto Primary Statute for Adjudication
- 4 The Judicial Document as Informal State Law
- 5 Guiding Cases as a Form of Statutory Interpretation
- 6 Bureaucratization of Judicial Precedents
- 7 Concluding Reflections
- Appendix: Methodology and Data
- Bibliography
- Index
1 - Introduction
Emergence of Chinese Law?
Published online by Cambridge University Press: 07 July 2022
- Law as an Instrument
- Law as an Instrument
- Copyright page
- Dedication
- Epigraph
- Contents
- Figures
- Tables
- Preface and Acknowledgements
- Abbreviations
- 1 Introduction
- 2 A Dual Constitution with Illiberal Characteristics
- 3 Judicial Interpretation as a de facto Primary Statute for Adjudication
- 4 The Judicial Document as Informal State Law
- 5 Guiding Cases as a Form of Statutory Interpretation
- 6 Bureaucratization of Judicial Precedents
- 7 Concluding Reflections
- Appendix: Methodology and Data
- Bibliography
- Index
Summary
This chapter discusses the background, thesis, significance and implications of researching the theme of the sources of Chinese law in both comparative and Chinese legal scholarship. It also identifies the significant components of positive law in China’s legislative system and provides a general overview of China’s legislative system, along with the theoretical claims and interdisciplinary analysis involved in the detailed discussion presented in the following chapters.
Keywords
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- Information
- Law as an InstrumentSources of Chinese Law for Authoritarian Legality, pp. 1 - 15Publisher: Cambridge University PressPrint publication year: 2022