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Court Delay and Law Enforcement in China - Civil Process and Economic Perspective (Paperback, 2006)
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Court Delay and Law Enforcement in China - Civil Process and Economic Perspective (Paperback, 2006)
Series: Okonomische Analyse Des Rechts
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Foreword Qing-Yun Jiang was born in Fujian, China. He studied
International Business Administration at the Shanghai Institute of
Foreign Trade in Shanghai, where he graduated with a Bachelor of
Economics. In 1997, he started studying at the University of
Hamburg. After his Master study and his successful completion of
the necessary law examinations, he was admitted as a doctoral
student in the law faculty in 2001. In addition to his study of
German civil, criminal and administrative laws, Jiang demonstrated
an increasing interest in law and economics, especially in the
relationship between law and economic development. It is now a
well-established fact that the rule of law, the protection of
property rights and a swift and timely resolution to conflicts are
corner stones of economic development and long-term economic
growth. In many developing countries court delays are a major
shortcoming of the legal system. This is true for countries in
Latin America and in many Asian countries. Empirical findings show
a 15 year length of civil procedure from the first filing of the
case to the Supreme Court decision. This leads to court crises in
the sense that private disputes are not brought to the court.
Private parties attempt to circumvent the official legal system all
together. When making contracts they resort to self enforcing
contracts, to self help and, if available, to private alternative
dispute settlement. In his thesis, Jiang presents an empirical
study of court delays in China.
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