Chinese Civil Adjudications II

ebook The Constitutive Requirements

By Cui Jianyuan

cover image of Chinese Civil Adjudications II

Sign up to save your library

With an OverDrive account, you can save your favorite libraries for at-a-glance information about availability. Find out more about OverDrive accounts.

   Not today
Libby_app_icon.svg

Find this title in Libby, the library reading app by OverDrive.

app-store-button-en.svg play-store-badge-en.svg
LibbyDevices.png

Search for a digital library with this title

Title found at these libraries:

Loading...

As the second volume of a three-volume set that critically reviews typical civil cases in China, this book focuses on the importance of constitutive requirements of legal rules.

A legal rule consists of constitutive requirements and legal effects. The constitutive requirements should trigger specific legal effects and not lead to unintended consequences. If they do not, the application of a legal rule may not produce the desired result. Any change in the constitutive requirements should result in a corresponding change in the legal effects. A mismatch between the two can lead to unfairness and injustice. In the nine cases discussed in this volume, these principles were either seriously overlooked or given insufficient attention, with various negative consequences.

The book will appeal to scholars and students interested in China's civil litigation, civil law system and judicial reform, and comparative law.

Chinese Civil Adjudications II