Overview

China, the economic powerhouse, is on the minds of many in 21st century due to projects such as Belt & Road Initiative (""BRI"") and the dispute resolution system for projects under BRI. This is probably the first book in the world that has analysed the law in action in the Chinese courts with civil justice process in the background and simultaneously compared it with Common Law. The focus of the book is not just on hardware of legal system but also on software of Chinese law and common law, that is, invisible factors and contexts underpinning the systems such as legal history, legal jurisprudence, evolution of law and various norms & customs, a concept of justice & procedural fairness, political philosophy, a concept of discretionary power of the judges and even their willingness to exercise those powers, civil procedure law and its practice and so forth. The software of the legal system is what makes the difference for substantive and procedural justice.

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