Download or read book Chinese Civil Adjudications II written by Cui Jianyuan and published by Taylor & Francis. This book was released on 2024-05-22 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the second volume of a three-volume set that critically reviews typical civil cases in China, this book focuses on the importance of constitutive requirements of legal rules. A legal rule consists of constitutive requirements and legal effects. The constitutive requirements should trigger specific legal effects and not lead to unintended consequences. If they do not, the application of a legal rule may not produce the desired result. Any change in the constitutive requirements should result in a corresponding change in the legal effects. A mismatch between the two can lead to unfairness and injustice. In the nine cases discussed in this volume, these principles were either seriously overlooked or given insufficient attention, with various negative consequences. The book will appeal to scholars and students interested in China's civil litigation, civil law system and judicial reform, and comparative law.