On the Constitutionality of Compiling a Civil Code of China

A Process Map for Legislation Born out of Pragmatism

Authors: Wang, Zhu

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  • The first book to analyze the compilation of the Civil Code of China from unique perspectives based on both civil and constitutional law
  • The only book dealing with the constitutionality of the legislative procedure of the Civil Code of China
  • Offers a detailed explanation of the “Pragmatic Methods” for compiling the Civil Code of China advocated by the author
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eBook $109.00
price for USA in USD (gross)
  • ISBN 978-981-13-7900-0
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $139.99
price for USA in USD
  • ISBN 978-981-13-7899-7
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
About this book

This book explains the urgent necessity to compile a Civil Code and calls for constitutional awareness in compiling that Civil Code, highlighting the need for it to be done in a democratic and scientific manner. It advocates “Pragmatic Methods” as a new approach to compiling a Civil Code of China and shares the author’s thoughts on the constitutionality of compiling a Civil Code, explains the object that is to be judged in terms of its constitutionality, and the constitutionality of legal interpretation, of legislative procedures and of legal application. The book also illustrates the author’s “mode of the codifying of non-basic laws” for compiling a Civil Code, and includes a detailed discussion on compiling a Civil Code to reveal how many valid laws there are China – a matter that is of vital importance to the compilation of the Civil Code.The Appendix includes statistics on the number of civil cases classified according to causes of actions, based on “Judicial Opinions of China” website, which is the first step of the author’s plan to investigate civil customs reflected in judgment documents with the help of big-data analytical methods.

About the authors

Zhu Wang, LLD., Professor of Law and Director of Institute for Market Economy and Big Data on Rule of Law of Sichuan University; Director of Institute for Big Data on Rule of Law of Research Center of Civil and Commercial Jurisprudence of Renmin University of China; General Secretary of Executive Committee of The World Tort Law Society.Email: wangzhu@scu.edu.cn

Table of contents (15 chapters)

Table of contents (15 chapters)
  • Necessity of Substantially Compiling the Civil Code as Soon as Possible

    Pages 3-12

    Wang, Zhu

  • Awareness of Constitutionality in the Compilation of Civil Code

    Pages 13-23

    Wang, Zhu

  • Pragmatic Thinking for the Compilation of Civil Code

    Pages 25-32

    Wang, Zhu

  • Object of Constitutionality Judgment—Taking “Unconstitutional Event” in Drafting of the Real Rights Law as an Example

    Pages 35-58

    Wang, Zhu

  • Constitutionality of Legal Interpretation—Taking Interpretation of Article 166 and 167 of the Real Rights Law as an Example

    Pages 59-73

    Wang, Zhu

Buy this book

eBook $109.00
price for USA in USD (gross)
  • ISBN 978-981-13-7900-0
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $139.99
price for USA in USD
  • ISBN 978-981-13-7899-7
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

Bibliographic Information
Book Title
On the Constitutionality of Compiling a Civil Code of China
Book Subtitle
A Process Map for Legislation Born out of Pragmatism
Authors
Copyright
2020
Publisher
Springer Singapore
Copyright Holder
China University of Political Science and Law Press
Distribution Rights
No distribution rights for Mainland, China.
eBook ISBN
978-981-13-7900-0
DOI
10.1007/978-981-13-7900-0
Hardcover ISBN
978-981-13-7899-7
Edition Number
1
Number of Pages
XXV, 340
Number of Illustrations
1 b/w illustrations
Topics