The Art of Trial Process

Comprehensively discusses the judicial methods and ethics applied by Chinese courts and judges
Offers an account of the judicial practice experience in the unique Confucian culture in modern Chinese society and the social practice experience of judicial philosophy with Chinese characteristics
Reveals the judicial wisdom and success of modern Chinese courts and Chinese judges in appropriately resolving the contradictions and disputes of Chinese society using judicial methods and judicial skills

Autorentext

YANG Kai, SJD of Jurisprudence, Professor, Center for Rule of Law Strategy Studies, East China University of Political Science and Law. Special invited researcher of the 2011 Collaborative Innovation Center of Judicial Civilization, and special invited researcher of the Environmental and Resources Law Judicial Theory Research Base of the Supreme People's Court. Director of the Jurisprudence Research Society of China Law Society, Director of the Civil Procedure Law Research Society of China Law Society, Executive Director of the Legal Document Research Society of China Law Society, Director of the Environmental and Resources Law Research Society of China Law Society, Director of the Finance and Tax Law Research Society of China Law Society, Vice Chairman of the Finance and Tax Law Research Society of Hubei Law Society, Executive Director of the Procedure Law Research Society of Hubei Law Society, Executive Director of the Law Education Research Society of Hubei Law Society, and Deputy Secretary General of Wuhan Law Society. Prof. Yang's main research areas are procedural law and judicial systems, jurisprudence and judicial philosophy, public legal service and social governance, rule of law strategy. He has published more than two hundred articles in China Legal Science, Frontiers of Law in China, Law Review, Studies in Law and Business, Xinhua Digest, Guangming Daily and other journals and newspapers. He has participated in three key projects for the National Planning Office of Philosophy and Social Science, Minister of Education and China Law Society, and eight key projects regarding trial theory, judicial research and judicial cases for the Supreme People's Court; further, he has presided over three ministry-level projects for Ministry of Justice, Supreme People's Court and China Law Society, and seventeen provincial and municipal social science research projects. Prof. Yang has published ten monographs with Law Press, People's Court Press, Peking University Press, China Social Sciences Press and participated in editing and writing thirteen textbooks of various kinds. He has won several first-class awards of the National Court System Academic Symposium and awards for outstanding achievements in social sciences at national and provincial levels. Prof. Yang has a long professional experience as a judge in the courts of first instance and appellate courts in civil, commercial and administrative cases. He has won the National Adjudication Expert and the Top Ten Young and Middle-aged Outstanding Legal Experts in Hubei province. He has been a part-time training teacher for the National Judges College and the Higher People's Court Judges Colleges in Shanghai, Zhejiang, Fujian, Guangdong, Hubei, Shanxi, Shandong, Henan, Jiangxi, Qinghai, Heilongjiang, Anhui, and Chongqing.

Klappentext

This book focuses on the reality of Chinäs modern judiciary, systematically demonstrating and discussing the judicial philosophy and judicial ethics as applied by Chinese courts and judges. In order to illustrate the methods of jurisprudence and sociology of law in the context of Chinäs judicial practice and practicability of applicable laws, it also addresses judicial methodology and Chinese judges' trial methods. Based on comparative study and aiming at global judicial reform, the book provides valuable guidance and insights for readers pursuing a detailed understanding of modern Chinese judiciary, Chinese judges and Chinese rule of law. The book is intended to primarily serve the need of legal professionals around the world, in particular those who are interested in Chinäs judicial system.

Inhalt
A General View on the Chinese Judges Judicial Art.- The Theoretical Foundation of the Art of Adjudication.- Quality Constitutions of the Chinese Adjudication Art.- The Evaluation Standard of the Art of Adjudication.- Principles of the Art of Adjudication.- Nourishment of the Art of Adjudication.