Supreme courts in transition in China and the West : adjudication at the service of public goals / Cornelis Hendrik (Remco) van Rhee, Yulin Fu, editors.
2017
K2123 .S87 2017 (Map It)
Available at Cellar
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Details
Title
Supreme courts in transition in China and the West : adjudication at the service of public goals / Cornelis Hendrik (Remco) van Rhee, Yulin Fu, editors.
Published
Cham, Switzerland : Springer ; [Beijing] : China-EU School of Law, [2017]
Copyright
©2017
Call Number
K2123 .S87 2017
ISBN
3319523430 (hardback : acid-free paper)
9783319523439 (hardback : acid-free paper)
9783319523439 (hardback : acid-free paper)
Description
vi, 245 pages : illustrations (some color) ; 24 cm.
System Control No.
(OCoLC)966553254
Summary
"This edited volume looks at supreme courts in China and the West. It examines the differences and similarities between the Supreme People's Court of Mainland China and those that follow Western models. It also offers a comparative study of a selection of supreme courts in Europe and Latin America. The contributors argue that the Supreme Courts should give guidance to the development of the law and provide legal unity. For China, the Chinese author argues, that therefore there should be more emphasis on the procedure for reopening cases. The chapters on Western-style supreme courts argue that there should be adequate access filters; the procedure of reopening cases is considered to be problematic from the perspective of the finality of the administration of justice. In addition, the authors discuss measures that allow supreme courts in both regions to deal with their existing caseload, to reduce this caseload, and to avoid divergences in the case law of the supreme court. This volume offers ideas that will help supreme courts in both the East and the West to remove unmanageable caseloads. As a result, these courts will be better able to assist in the interpretation and clarification of the law, to provide for legal unity, and to give guidance to the development of the law. " -- Publisher's website.
Bibliography, etc. Note
Includes bibliographical references.
Record Appears in
Gift
Purchased from the income of the Szladits Fund
Added Author
Gift

The Arthur W. Diamond Law Library
Purchased from the income of the Szladits Fund
Table of Contents
Introduction / Yulin Fu
1
Chinese Supreme People's Court in Transition / Yulin Fu
13
Supreme Court of the United Kingdom: A Selective Tribunal with the Final Say on Most Matters / Neil Andrews
37
From Courts of Appeal to Courts of Precedent---Access to the Highest Courts in the Nordic Countries / Jørn Øyrehagen Sunde
53
Supreme Cassation Court of the Netherlands: Efficient Engineer for the Unity and Development of the Law / C.H. (Remco) van Rhee
77
Civil Cassation in Spain: Past, Present, and Future / Marco de Benito
97
Squaring the Circle: Individual Rights and the General Interest Before the Supreme Courts of the German-Speaking Countries / Tanja Domej
131
End of Cassation in Chile? Recourse to the Chilean Supreme Court in Civil Matters / Pablo Bravo-Hurtado
149
French Court of Cassation: On the Threshold of a Quiet Revolution? / Frederique Ferrand
175
Changing Faces of Post-socialist Supreme Courts: Croatia and Slovenia Compared / Ales Galic
207
Italian Supreme Court of Cassation: Of Misnomers and Unaccomplished Missions / Elisabetta Silvestri
229