Fr. 70.00

Court Delay and Law Enforcement in China - Civil process and economic perspective. Diss. Univ. Hamburg

English · Paperback / Softback

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Description

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Foreword Qing-Yun Jiang was born in Fujian, China. He studied International Business Administration at the Shanghai Institute of Foreign Trade in Shanghai, where he graduated with a Bachelor of Economics. In 1997, he started studying at the University of Hamburg. After his Master study and his successful completion of the necessary law examinations, he was admitted as a doctoral student in the law faculty in 2001. In addition to his study of German civil, criminal and administrative laws, Jiang demonstrated an increasing interest in law and economics, especially in the relationship between law and economic development. It is now a well-established fact that the rule of law, the protection of property rights and a swift and timely resolution to conflicts are corner stones of economic development and long-term economic growth. In many developing countries court delays are a major shortcoming of the legal system. This is true for countries in Latin America and in many Asian countries. Empirical findings show a 15 year length of civil procedure from the first filing of the case to the Supreme Court decision. This leads to court crises in the sense that private disputes are not brought to the court. Private parties attempt to circumvent the official legal system all together. When making contracts they resort to self enforcing contracts, to self help and, if available, to private alternative dispute settlement. In his thesis, Jiang presents an empirical study of court delays in China.

List of contents

Special Problems of the Judicial System in Developing Countries.- Legal System and Civil Process in China.- A Survey of the Functioning of Court System: Duration of the Courts.- A Survey of Litigation Costs, Court Budgets and Access to Justice.- The Problem of Enforcement of Judgments by the Courts.- Summary and Policy Recommendations.

About the author

Dr. Qing-Yun Jiang promovierte bei Prof. Dr. Hans-Bernd Schäfer am Institut für Recht und Ökonomik der Universität Hamburg. Er studierte Wirtschaftswissenschaft in Schanghai und Jura in Hamburg.

Summary

Foreword Qing-Yun Jiang was born in Fujian, China. He studied International Business Administration at the Shanghai Institute of Foreign Trade in Shanghai, where he graduated with a Bachelor of Economics. In 1997, he started studying at the University of Hamburg. After his Master study and his successful completion of the necessary law examinations, he was admitted as a doctoral student in the law faculty in 2001. In addition to his study of German civil, criminal and administrative laws, Jiang demonstrated an increasing interest in law and economics, especially in the relationship between law and economic development. It is now a well-established fact that the rule of law, the protection of property rights and a swift and timely resolution to conflicts are corner stones of economic development and long-term economic growth. In many developing countries court delays are a major shortcoming of the legal system. This is true for countries in Latin America and in many Asian countries. Empirical findings show a 15 year length of civil procedure from the first filing of the case to the Supreme Court decision. This leads to court crises in the sense that private disputes are not brought to the court. Private parties attempt to circumvent the official legal system all together. When making contracts they resort to self enforcing contracts, to self help and, if available, to private alternative dispute settlement. In his thesis, Jiang presents an empirical study of court delays in China.

Product details

Authors Qing-Yun Jiang
Assisted by Prof. Dr. Hans-Bernd Schäfer (Foreword)
Publisher Gabler
 
Languages English
Product format Paperback / Softback
Released 01.01.2005
 
EAN 9783835000827
ISBN 978-3-8350-0082-7
No. of pages 267
Weight 370 g
Illustrations XVI, 267 p. With 2 charts.
Series Ökonomische Analyse des Rechts
Ökonomische Analyse des Rechts
Subjects Social sciences, law, business > Business > International economy

Recht, China, C, Gesellschafts-, Handels- und Wettbewerbsrecht, allgemein, Business and Management, International business, justice, Law and Economics, Emerging Markets/Globalization, Judicial reform, Law and economic development, Accessibility of justice, Court delay, Litigation cost

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