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On the Constitutionality of Compiling a Civil Code of China

A Process Map for Legislation Born out of Pragmatism

  • Zhu Wang
Book

Table of contents

  1. Front Matter
    Pages i-xxv
  2. Political Analysis on the Compilation of Civil Code

  3. Consideration of the Constitutionality in the Compilation of Civil Code

  4. Road Map for Compilation of Civil Code Under Pragmatic Thinking

  5. Extensive Discussion on the Compilation of Civil Code

  6. Back Matter
    Pages 303-340

About this book

Introduction

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.

Keywords

Civil Code of China Legislative procedure Codifying non-basic laws Pragmatic methods Constitutionality Compilation of civil code Tort liability law Political motivation Deliberation capacity Legislative scheme

Authors and affiliations

  • Zhu Wang
    • 1
  1. 1.Law SchoolSichuan UniversityChengduChina

Bibliographic information

  • DOI https://doi.org/10.1007/978-981-13-7900-0
  • Copyright Information China University of Political Science and Law Press 2020
  • Publisher Name Springer, Singapore
  • eBook Packages Law and Criminology
  • Print ISBN 978-981-13-7899-7
  • Online ISBN 978-981-13-7900-0
  • Buy this book on publisher's site