Research on the Laws of Contemporary China, Volume 1

Chen Su, a research fellow with the Institute of Law of Chinese Academy of Social Sciences, and a doctoral supervisor, graduated from Liaoning University in 1985 as a bachelor of law; from the Institute of Law of Chinese Academy of Social Sciences in 1988 as a degree of master of law. At present he has held the office of the Co-Secretary of the Party Committee of the Institute of, and the Research Center of, the Chinese Academy of Social Sciences; and executive director of China Law Society and Vice Chairman of the Commercial Jurisprudence Research Society. He has mainly specialized in civil and commercial law, with works and writings, such as Special Research on Securities Law (edited by him), Exploration on Subtle Logic of Spirit of Law, New Development of Society Law (edited by him); and with dozens of papers published in professional academic journals such as Chinese Journal of Law and China Legal Sciences.

Volume I 1949-1978 2
Introduction 4
Chapter 1 Rough Start of China’s Socialist Jurisprudence 11
1. Rise of Theory in China on “State and Law” 11
2. Succession and Acceptance by China’s Jurisprudential Circle of the Soviet Union’s Jurisprudential Theory 19
3. New China’s Critiques of Old Legal Views 28
4. Springing up of Nihilism of Law and Its Consequences 38
Chapter 2 Initial Construction of the Socialist Constitutional Jurisprudence 48
1. Formation of Constitutional View during the Formulation of Constitution in New China 48
2. Constitutional Jurisprudence based on Class Struggle Doctrine 55
Chapter 3 The Branch Jurisprudence with Fragmented System Suffering Ups And Downs 63
1 The Criminal Jurisprudence under the Guidance of the Theory of Class Struggle 63
2 The socialist transformation of civil law 73
3. Science of marriage and family law becoming an era exception 85
4. Chinese economic jurisprudence under the evolution and reflection of Soviet economic law theory 99
5. Research on the establishment of the socialist judicial system 107
Volume II 1978-1992 116
Introduction 117
Chapter 4 Formation and Development of Basic Theory of Jurisprudence 124
1. Argument and establishment of the subject matter of legal studies 124
2. The legal definition of basic concepts and categories 132
3. Rising up of theory on human rights and civil right 140
4. Formation and development of basic theory on comparative jurisprudence 148
5. Renaissance of China’s legal research 159
Chapter 5 Constitutional Jurisprudence Research Arising out of The Reconstruction of Socialist Democracy 167
1. Recovery and Development of the Constitutional Jurisprudence Education and Research Career 167
2. Inquiry of Constitutional Jurisprudence on What the ""Constitution"" Is 172
3. Theoretical Basis for Rebuilding the People's Congress System 175
4. Form of State Structure and Interpretation of ""One Country, Two Systems"" from the Perspective of Constitutional Jurisprudence 179
5. Formation of the Theory Concerning to the Concept of ""Unconstitutionality"" 184
Chapter 6 Criminal Law Research During Initiative Period of Time of Legal Memory 189
1. Enactment of 1979 Criminal Law and Resurgence of Criminal Law Research 189
2. Upgrading of Criminal Law Knowledge and Emergence of Annotation Science of Criminal Law 193
3. Overall Development of Research on Principles of Criminal Law 198
4. Research on Hot Issues Reflecting Social Changes in Criminal Law 207
Chapter 7 Civil Jurisprudence Developed in The Era of Reform and Opening Up 217
1. A Heated Debate between Civil Law and Economic Law 217
2. Basic Formation of Civil Jurisprudence System 225
3. Research on Marriage Law and Marriage and Family Jurisprudence in the Age of Reform 235
4. From the Intellectual Property Jurisprudence Attached to Civil Law to the Intellectual Property Jurisprudence with Self-reliance 248
Chapter 8 Generation and Evolution of Chinese Economic Jurisprudence 256
1. From Booming to Initial Development 257
2. Debate on Determining the Nature of Economic Law as Area of Law 266
3. Interaction between Reform of Economic System and Research on Economic Jurisprudence 279
4. Economic Jurisprudence in the Background of Opening-up 297
Chapter 9 Environmental Jurisprudence Rising in Reform and Opening up 304
1. Promulgation of Environmental Protection Law and the Rise of Environmental Jurisprudence 304
2. Research on Major Theoretical Issues Occurring in the Rise of Environmental Jurisprudence 309
Chapter 10 Administrative Jurisprudence Derived from Strengthening Administrative Management 316
1. The Development Course of Administrative Jurisprudence Suffering Ups and Downs 316
2. The Preliminary Construction of the Administrative Law Theory System 324
3. Theoretical Development of Administrative Jurisprudence 336
Chapter 11 Research on Procedure Jurisprudence Pursuing Procedural Justice 343
1. Procedure Jurisprudence Newly Established and Realizing the Commencement of Rule by Law from Procedure 343
2. 1979 Criminal Procedure Law and Research on Criminal Procedure Jurisprudence 349
3. 1982 Civil Procedure Law (for Trial Implementation) and Research on Civil Procedure Jurisprudence 352
4. 1989 Administrative Procedure Law and Research on Administrative Procedure Jurisprudence 355
Volume III 1992-2009 362
Introduction 363
Chapter 12 Philosophical Jurisprudence Research In View Of Reality 370
1. Three Theoretical Resources of Chinese Philosophical Jurisprudence 370
2. New Construction and Exploration of Juristic Theory 376
3. The Development of Cultural Subjectivity of Philosophical Jurisprudence 385
4. The Theoretical Exploration on Legal Transplant and Trend of Globalization of Law 393
5. A Study of the History of Chinese Legal System in the Process of Modernization 405
Chapter 13 New Development of Rule of Law and Constitutional Jurisprudence 413
1. ""Awakening of Methodology"" of Constitutional Jurisprudence 413
2. Reconstruction of the Theoretical System of Constitutional Jurisprudence 420
3. Significant Development of the Theory of Constitutional Supervision 425
4. Re-exploitation of New Fields of Constitutional Jurisprudence 432
5. New Development of Theory of Constitutional Rights 439
6. Construction of Theory of “Constitutionalism” 450
Chapter 14 Modernization of China?s Criminal Jurisprudence 467
1. Criminal Jurisprudence Research Emerging from the Amendment to the Criminal Law 467
2. New Advances in Criminal Law Theories 473
3. The Rise of Criminal Policy Science 485
4. International Criminal Jurisprudence in China 492
Chapter 15 Development of Times and Prosperity of the Science of Civil Law 499
1. The Science of Civil Law with Prosperous Development 499
2. Development of Research on General Principles of Civil law 506
3. The Burst of Progress in the Research of Property Rights of Civil Law 518
4. New Progress on Civil Law Debt Rights Study 534
5. Research on Law Science of Marriage and Family After Return to Civil Law 545
Chapter 16 Prosperity of Commercial Jurisprudence under the Market Economic System 568
1. Formation and Development of the Basic Theories of Commercial Law 569
2. Study on Company Law to Meet the Needs of Market Economy Development 584
3. Securities Law Research on Stable Development of Capital Market 596
4. Research on Enterprise Bankruptcy Law Closely Related to Enterprise Restructuring 610
Chapter 17 Chinese Intellectual Property Jurisprudence in Era of Knowledge Innovation 621
1. Development Overview of Intellectual Property Jurisprudence 621
2. Main Opinions and Discussions Emerged in the Process of Development of Intellectual Property Jurisprudence 627
3. Prospect of Development Trend of Intellectual Property Jurisprudence 651
Chapter 18 Reform of Economic Law Advancing with the Times 655
1. From Gradual Maturity to Reasonable Prosperity 655
2. Discussion and Debate on Basic Theory of Economic Law 665
3. Study on Market Competition and Its Legal Protection Mechanism 679
4. Study on Macro-Control Law in Economic Globalization 700
Chapter 19 The Thriving Environmental Law in the Development of Science 714
1. The Rapid Transformation of Environmental Law in the Transitional Period of Market Economy 714
2. The Ongoing Thriving Environmental Law under the Guidance of Scientific Development Outlook 722
Chapter 20 Administrative Law in the Process of Governance in Accordance with Law 735
1. Fundamental Construction of General Theory of Administrative Law 735
2. Overall Update of Theory of Subject of Administrative Law 740
3. Systematic Construction of Theory of Administrative Act 745
4. Booming Development of Study on Administrative Procedure 753
5. Administrative Legal Responsibility and Ongoing Administrative Remedy Research 756
6. Multidimensional Unfolding of Study of Other Aspects of Administrative Law 761
Chapter 21 Social Law Emerging from the Harmonious Society Construction 767
1. Emergence of Chinese Social Law 767
2. Theoretical Basis of Social Law Developed in Discrimination 771
3. Study on Science of Labor Law with Humanistic Concern 777
4. Study on the Science of Social Security Law Caring for Disadvantaged Groups 782
5. Continuously Developed Study on Other Aspects of Social Law 791
Chapter 22 Procedure Law Jurisprudence Developing Along the Path of Procedural Justice 800
1. Procedure Law Jurisprudence Developing in Foresight and Reflection 800
2. Research On The Basic Theoretical Issues Of The Jurisprudence Of Criminal Procedure Laws 807
3. Study On Basic Theoretical Issues About The Science Of Civil Procedure Law 821
4. Science Of Administrative Proceeding Law With The Expansion Of Theoretical View 832
5. Study Focusing On Judicial Reform 839
Postscript 848