Administrative Litigation Systems in Greater China and Europe

ISBN-13: 9781138637634 / Angielski / Miękka / 2017 / 284 str.

Yuwen Li

Opis

Administrative litigation systems are a rapidly developing legal field in many countries. This book provides a comparative study of the administrative litigation systems in China, Hong Kong, Taiwan and Macao, as well as a number of selected European countries that covers both states with an advanced rule of law and new democracies. Despite the different historical backgrounds and the broader context which has cultivated each individual system, this collective work illustrates the common characteristics of the rapid development of administrative litigation systems since the 1990s as a consequence of the advancement of the rule of law at a global level. All of the contributors have addressed a wide array of key issues in their particular jurisdiction, including court jurisdiction, the scope of judicial review, grounds of litigation claims and mediation in judicial process. Whilst pointing out the shortcomings and challenges which are faced by each jurisdiction, the book offers both ideas and inspiration on how the systems can learn from, and influence each other. This book is essential reading for those studying Chinese law, administrative litigation and comparative law, as well as judges and lawyers specialising in administrative litigation, and administrative courts.

Recenzje

’This book is original, useful and timely. It is original by the scope of the comparison it operates: old European rule of law systems, transitional Eastern Europe countries, Greater China. Useful, since it brings forth enlightening reflections on how administrative litigation systems make their way in a confrontation with the rest of constitutional powers. Timely, for it conveys precious information on the processes which should lead China progressively towards the rule of law.’ Jean-Bernard Auby, Professor of Public Law and Director of Governance and Public Law Center at Sciences Po, France ’This book provides a valuable and unique survey of the legal position in nine jurisdictions concerning judicial review, ranging from Macau to the Netherlands, useful to students and researchers alike.’ Susan Finder, Supreme People's Court Monitor

Spis treści

Chapter 1 Introduction Battling in the Courts: Dynamics of Administrative Litigation Systems across Jurisdictions, Yuwen Li, Yun Ma; Part I Administrative Litigation Systems in Greater China; Chapter 2 The Hurdle is High: The Administrative Litigation System in the People’s Republic of China, Yuwen Li, Yun Ma; Chapter 3 The Administrative Litigation (Judicial Review) System in Hong Kong and its Future, Feng Lin; Chapter 4 The Administrative Litigation System in Macao, Chaoyang Jiang, Yang Feng; Chapter 5 The Past, Present and Future of the Administrative Litigation System in Taiwan, Wunyu Chang, Yun Ma; Part II Administrative Litigation Systems in Western Democracies; Chapter 6 Judicial Review of Administrative Decisions in the Netherlands, Pieter van Dijk; Chapter 7 Administrative Litigation in Germany, Arno Scherzberg, Josephine Seidl; Chapter 8 Administrative Litigation in England and Wales, Andrew Le Sueur; Part III Administrative Litigation Systems in Transitional Eastern European States; Chapter 9 Administrative Litigation in Poland, Mateusz B?achucki; Chapter 10 Administrative Litigation Law and Practice in Romania, Petra Gyöngyi;

O autorze

Yuwen Li is a Professor of Chinese Law and the Director of the Erasmus China Law Centre at the Erasmus School of Law, Erasmus University Rotterdam in the Netherlands. She holds a BA in Chinese Law from Peking University, an MA in International Law and International Relations from the Institute of Social Studies, and a PhD in International Law from Utrecht University, the Netherlands. Since 2001, she has acted as co-director of a number of legal collaborative projects with numerous Chinese institutions, including the Institute of Law of the Chinese Academy of Social Sciences, the National Judges College, the Supreme People’s Procuratorate and the Law School of Wuhan University. Currently, she is supervising a number of Chinese PhD candidates who are writing on various legal topics from comparative perspectives. She is also on the panel list of Arbitrators on the Shenzhen Court of International Arbitration in the PRC. She has published extensively on various topics of Chinese law.