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.
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A Process Map for Legislation Born out of Pragmatism
Produktdetaljer
ISBN
9789811379000
Publisert
2019
Utgiver
Vendor
Springer
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter