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LegalHub Chinese Law Terms Dictionary

website·Indexed 31 days ago

https://terms.legalhub.cn/

An open-source dictionary of Chinese legal terms and concepts. It provides detailed documentation on the Civil Law (民法) based on the Civil Code, including property rights, contracts, and personality rights, as well as the Criminal Law (刑法) based on the 2020 Revision, covering general provisions and specific crimes. The resource also includes foundational knowledge on Jurisprudence (法学) and legal philosophy.

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What's inside LegalHub

  1. Overview of the Chinese Legal Terms Dictionary project

    The project aims to create a comprehensive 'Chinese Legal Terms Dictionary' to serve as a foundation for understanding the legal system. It is driven by the observation that while English-American legal dictionaries are common, a standardized Chinese equivalent is lacking. The project is built on the principles of open-source collaboration, passion-driven development, and leveraging technology to handle the high volume and complexity of legal terminology.

  2. Understand the general concept and characteristics of Tort Liability

    Tort liability (侵权责任) refers to the civil legal consequences a person must bear for damages caused by their tortious or quasi-tortious acts. It is distinguished by three primary legal characteristics:

    1. Violation of Legal Obligations: Unlike breach of contract (which violates agreed obligations), tort liability is predicated on the violation of obligations prescribed by law.
    2. Primary Form is Compensation: The main function is to compensate the victim for losses. While it may include stopping infringement, removing obstacles, or eliminating danger, monetary compensation is the primary form.
    3. Priority: If a single act triggers tort, administrative, and criminal liabilities, and the perpetrator's assets are insufficient, tort liability is prioritized for payment.

  3. Distinguish between Criminal Preparation and Criminal Attempt

    The fundamental distinction between criminal preparation (犯罪预备) and criminal attempt (犯罪未遂) is whether the perpetrator has 'commenced' (着手) the execution of the crime.

    • Criminal Preparation (犯罪预备): The perpetrator is 'preparing to commit the crime.' They have not yet started the execution. If they are stopped by reasons beyond their will before commencing the act, it is classified as preparation.
    • Criminal Attempt (犯罪未遂): The perpetrator has 'already commenced the execution of the crime.' If the crime is not completed due to reasons beyond their will after the execution has started, it is classified as an attempt.

  4. Understand the scope and definition of Chinese Civil Law

    Civil Law (民法) is the sum of legal norms that adjust personal and property relationships between equal subjects. According to Article 2 of the Civil Code of the People's Republic of China, these subjects include natural persons, legal persons, and non-incorporated organizations.

    Key distinctions include:

    • Equal Status: Unlike administrative law, civil law governs subjects with equal legal standing.
    • Formal vs. Substantive: 'Formal' civil law refers specifically to the codified Civil Code, while 'substantive' civil law includes the Code plus other civil laws and regulations.
    • Broad vs. Narrow: Broadly, it encompasses all written and unwritten laws adjusting equal subjects (including commercial law); narrowly, it refers only to the codified system.

  5. Understand Contract Preservation (合同的保全)

    Contract preservation (also known as preservation of contractual debts) is a form of broad contract guarantee. It is based on the principle that a debtor generally bears unlimited liability, meaning their general assets (referred to as 'responsibility assets') serve as the total guarantee for the realization of the creditor's claims. Legal measures to ensure the integrity of these assets include two primary mechanisms: the creditor's right of subrogation (债权人的代位权) and the creditor's right of revocation (债权人的撤销权).

  6. Understand the concept of Guardianship

    Guardianship (监护) is a civil legal system established to supervise and protect the legitimate rights and interests of persons who lack civil capacity for conduct (无民事行为能力人) or have limited civil capacity for conduct (限制民事行为能力人).

    • Guardian (监护人): The person performing the duties of supervision and protection.
    • Ward (被监护人): The person being supervised and protected.

  7. Understand the basic legal concepts of inheritance

    Inheritance is the legal system by which the legitimate personal property left by a natural person upon their death is transferred to others.

    Key terminology:

    • Decedent (被继承人): The natural person who has died.
    • Heir (继承人): The person who legally receives the decedent's estate.

    Core characteristics of inheritance:

    1. Trigger: Occurs only upon the death of a natural person.
    2. Subjects: Heirs must be natural persons and are generally limited to a specific range of close relatives as defined by law.
    3. Object: Only the legitimate personal property of the deceased can be inherited; property belonging to others, the state, or collectives is excluded.
    4. Result: Results in a change of property rights, where the heir becomes the new owner of the assets.

  8. Apply for emergency measures to prevent Personality Right infringement

    If a civil subject has evidence that an infringer is currently committing or is about to commit an illegal act that infringes upon their personality rights, and failure to stop it immediately would cause irreparable damage, they have the right to apply to a People's Court for measures to order the infringer to stop the relevant behavior.

  9. Understand the concept of Crime Object (犯罪客体) in Criminal Law

    The Crime Object refers to the specific social interests (social life interests) that are protected by criminal law and are infringed upon by a criminal act. These interests can be national, social, or individual (e.g., national security, public safety, personal life, reputation, freedom, and property).

    Key characteristics include:

    • Public Interest: Criminal law protects public interests rather than purely private interests. Even if an individual's property is stolen, it is viewed as an infringement on the overall social interest.
    • Limited Scope: Only critical social interests that, if severely harmed, threaten basic social values or order are protected by criminal law. Minor infringements ('insignificant circumstances') do not constitute a crime under Article 13 of the Criminal Law.
    • Dynamic Nature: Protected interests evolve with society (e.g., environmental protection has become a protected interest over time).
    • Requirement for Crime: For a 'protected interest' to become a 'crime object,' it must actually be infringed upon or threatened by a criminal act.

  10. Understand the Relationship between Rule of Law and Democracy

    Democracy and the Rule of Law are pillars of modern political systems but possess a fundamental tension:

    • Democracy: Based on the will of the citizens (the majority) as the source of political legitimacy. The "general will" can change over time.
    • Rule of Law: Requires that there is no single highest authority (including a shifting majority) that can override the law. The law must remain the highest authority to prevent it from becoming a mere tool of the majority.

  11. Understand the structure of the Civil Law section

    The Civil Law section is organized according to the structure of the Civil Code and consists of 7 parts: General Provisions (总则), Property Rights (物权), Contracts (合同), Personality Rights (人格权), Marriage and Family (婚姻家庭), Inheritance (继承), and Tort Liability (侵权责任).

  12. View term concept definitions and versioning

    Users can view the conceptual definition of a term and its source information. Note that a single term concept may have multiple versions available for review.