Suchergebnisse

This article seeks to reveal the true nature of civil justice in China's imperial history. Developing on the ground-breaking findings of Huang, the author argues that China's imperial civil justice was neither 'Kadi' justice nor an elaborate form of civil justice based on Weberian formalism and procedural sophistication. Contrary to the view that the magistrate was unrestrained by the law and only played the role of a mediator, state law had profound influence over magisterial adjudication. Yet the magistrate did not apply the law in a positivist sense. The adjudicative discourse involved searching for a balanced solution that took into account the statutory law and non-statutory norms (local customs and Confucian moral values). However, civil justice in imperial China lacked fundamental attributes of a modern civil justice system, such as judicial specialization, an autonomous (and sophisticated) civil procedural regime and a systemic enforcement of civil law based on the jurisprudential understanding of individual rights. This article questions the benefit of straightjacket Weberian categorizations and argues that the true nature of China's imperial civil justice could only be revealed by considering the country's unique historical circumstances.

Introduction -- Comparing the Civil Court Structures of Mainland China, Taiwan, Hong Kong and Macau From A Case Management Perspective -- Case Management from a Comparative Perspective -- The Unified System of Adjudication and Administration of Chinese Courts -- Taiwan's Court Structure from a Case Management Perspective -- The Civil Court Structure in Hong Kong -- The Formal Adequacy Principle from the Perspective of Judicial Case Management: Macau -- The Litigation Superpower's Case Management Cure for Adversarial Ills -- Framing the Structure of the Court System from a Case Management Perspective: New trends in Brazilian Law -- Structure of the Court System and Case Management: Lessons from England & Wales -- Framing the Structure of Court Systems from a Case Management Perspective: Lessons from Hungary -- In Search of Efficiency: Court Structure and Case Management in Croatia -- A Brief Note on the Application of Information and Communication Technology in Civil Judicial Case Management -- A Prospective Court-Connected Mandatory Mediation Regime in Macau: A Brief Note. .