On the Constitutionality of Compiling a Civil Code of China: A Process Map for Legislation Born out of Pragmatism

by Zhu Wang

Overview

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.

Product Details

ISBN-13:	9789811379024
Publisher:	Springer Nature Singapore
Publication date:	11/13/2019
Edition description:	1st ed. 2020
Pages:	340
Product dimensions:	6.10(w) x 9.25(h) x (d)

About the Author

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: [e-mail]

Table of Contents

The Necessity of Substantially Compiling Civil Code as Soon as Possible.- The Constitutional Awareness in Compiling a Civil Code.- “Pragmatic Methods” in Compiling a Civil Code.- The Object Whose Constitutionality Should be Judged.- The Constitutionality of Legal Interpretation.- The Constitutionality of Legislative Procedures.- The Constitutionality of Legal Application.- The Legislative Design of Compiling a Civil Code in the “Mode of the Codifying of Non-Basic Laws”.- Big Data Analysis on Whether Several Rules in the General Provisions of Civil Law Should be Kept or Not.- Add a Chapter of “Obligations and Liabilities” in Volume of The General Provisions of Civil Law to Regulate the System of “General Provisions of Obligation Law”.- Discovering Techniques for Formatively Compiling Articles of Civil Code from the General Provisions of Civil Law.- The Background of the Compilation and the Adjustment to the Structure of the Tort Liability Volume of the Civil Code.- The Background of Compiling a Civil Code.- Auxiliary Work for Compiling a Civil Code.