Book Introduction - History of the Development of American Law
The first two chapters of this book provide a systematic description of the history of the development of American law since the colonies. From the third chapter onwards, the constitution, administration and It provides a relatively systematic introduction to the content of various departments such as law, civil and commercial law, economic law, social legislation, criminal law, procedural law, immigration law, and international trade law, and provides a comprehensive introduction to the various legal difficulties currently encountered in the United States and the countermeasures it has taken. Conduct analysis and evaluation, and make some predictions and prospects for the development trends of American law in some major fields. This book aims to provide reference and inspiration for the construction of my country's socialist legal system.
About the author - History of the development of American law
He Qinhua, male, born in March 1955, is from Shanghai. Graduated from the Law Department of Peking University in January 1982 with a bachelor's degree in law; graduated from East China University of Political Science and Law in December 1984 with a master's degree in law. Since 1984, he has been teaching at East China University of Political Science and Law, mainly engaged in the teaching and research of legal history. During this period, he went to Japan twice for further study at the Faculty of Law, University of Tokyo. He is currently the vice president and professor of East China University of Political Science and Law, academic director of the China Law Society, executive director of the National Association for the Study of Foreign Legal History, and chairman of the Chinese Confucianism and Legal Culture Research Association. Since 1992, he has enjoyed special national allowances. The main achievements of monographs and cooperation include: "The Beginning and End of the Tokyo Trial" (1986), "Handbook of New Legal Disciplines" (1988), "New Trends of Thought in Contemporary Chinese Legal Studies" (1991), "Research on Legal History I·Contemporary Japanese Jurisprudence·Humanity" and Works" (1991), "Comparative Criminology" (1992), "General Theory of Chinese and Western Legal Culture" (1994), "Japanese Bankruptcy Law" (translated, 1995), "Research on Legal History II·Western Jurisprudence" History" (1996) etc. He has published more than 100 papers.
Book List - History of the Development of American Law
Chapter 1 Law in the Colonial Period
Section 1 The Discovery of the New World and the Establishment of Colonies
Section 2 Legal System in the Colonial Period
1. Constitutional System
2. Private Law
3. Criminal Law
4. Judicial System
Section 3 Characteristics of Legal Culture in the Colonial Period
Chapter 2 The Establishment of the United States and the Development of American Law
Section 1 The War of Independence and its Historical significance
Section 2 The development of American law after modern times
1. From the Revolutionary War to the Civil War (1776-1861)
2. From the North to the South From the war to the "New Deal" period (1861-1933)
3. The "New Deal" period (1933-1935)
4. After World War II (1945-) The Development of American Law
Section 3 The Development of Legal Education
Section 4 The Role of Jurists
1. Jefferson
2 , Hamilton
3. Madison
4. Livingston
5. Field
6. Marshall
7. Kent
8. Story
9. Wheaton
10. Randall
11. Wigmore
12. Pound
13. Llewellyn
Section 5 Characteristics of modern American legal culture
Chapter 3 Constitution
Section 1 Overview of the U.S. Constitution
1. The legal origins of the U.S. Constitution
2. The social roots of the U.S. Constitution
Section 2 The Formation of the Constitution
1. Declaration of Independence
2. Articles of Confederation
3. State Constitutions
4. The formulation and promulgation of the Federal Constitution
Section 3. Contents and Characteristics of the Federal Constitution
1. Contents of the Federal Constitution
2. Characteristics of the Federal Constitution
Section 4 Implementation and Amendment of the Federal Constitution
1. "Bill of Rights"
2. Proposed Constitutional Amendments to Articles 11 to 29
p>Section 5 Constitutional Theory and Jurisprudence
1. Montesquieu’s separation of powers theory
2. Hamilton and Madison’s constitutional theory
3. Marshall’s contribution to the U.S. Constitution
4. Major precedents in the history of the U.S. Constitution
Section 6 The impact of the U.S. Constitution on countries around the world
1 , presidential system
2. Federal system
3. Separation of powers and checks and balances
4. Constitutional review system
Chapter 4 Administration Law
Section 1 Overview of American Administrative Law
1. Definition of American Administrative Law
2. Legal Sources of American Administrative Law
3. The purpose of American administrative law
Section 2 Administrative legislation after the founding of the People's Republic of China
1. The influence of British law
2. The administration of the United States in the early days of the founding of the People's Republic of China Legislation
Section 3 Administrative Legislation after the Civil War
1. "Interstate Commerce Act"
2. "Hepamine Act"
3. "Tucker Act"
4. Walter-Logan Act
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Section 4 Administrative Legislation after World War II
1. "Federal Administrative Procedure Act"
2. "Federal Tort Compensation Act"
p>3. "Freedom of Information Act"
4. "Federal Advisory Committee Act"
5. "Privacy Act"
6. "Government Law Under the Sun"
Section 5 Characteristics of American Administrative Law
1. The United States does not establish independent administrative courts
2. Administrative remedies in the United States Establishing special procedural laws
3. U.S. administrative law does not constitute a special legal system
Section 6 U.S. Administrative Law Theory and Jurisprudence
1. The United States Administrative Law Theory
2. U.S. Administrative Law Jurisprudence
Chapter 5 Civil and Commercial Law
Section 1 Property Law
1. The beginning of American property law from the late 18th century to the first half of the 19th century
2. The development of American property law from the second half of the 19th century to the early 20th century
3. American property after the 20th century Changes in Law
Section 2 Contract Law
1. The beginning of American contract law from the end of the 18th century to the first half of the 19th century
2. The second half of the 19th century The development of American contract law from the 19th century to the early 20th century
3. The development of American contract law after the 20th century
Section 3 Tort Law
1. 18 The beginning of tort law in the United States from the end of the century to the first half of the 19th century
2. The development of tort law in the United States from the second half of the 19th century to the beginning of the 20th century
3. Modern tort law Systematic development
Section 4 Corporate Law
1. The beginning of American corporate law from the end of the 18th century to the first half of the 19th century
2. The second half of the 19th century The development of company law from the 19th century to the beginning of the 20th century
3. The development of company law after the 20th century
1. The beginning of trading in the first half of the 19th century
2 The development of sales law from the second half of the 19th century to the beginning of the 20th century
3. Changes in sales law after the 20th century
Section 6 Marriage and Family Law and Inheritance Law
1. Marriage and Family Law
2. Inheritance Law
Section 7 Characteristics of Modern American Civil and Commercial Law
Chapter 6 Economic and Social Legislation
Overview of Section 1
1. The Beginning of American Economic and Social Legislation
2. New Deal Legislation
3. The Second World Economic and social legislation after the war
Section 2 Financial and Securities Laws
1. The historical development of US financial and securities laws
2. US financial, The future direction of securities law
Section 3 Tax Law
1. U.S. tax agencies
2. The origin and composition of U.S. tax law
3. Historical evolution of U.S. tax law
4. Reagan’s tax reform and new tax law
Section 4 Intellectual Property Law
1. Patent Law
2. Trademark Law
3. Copyright Law
Section 5 Consumer Protection Law
1. U.S. Consumer Protection Law Historical evolution
2. Federal agencies that protect consumer rights and interests
3. Ways to resolve consumer disputes in the United States
Section 6 Product Liability Law
1. Period of contractual liability relationship
2. Negligence liability and guarantee liability
Period of office
3. Strict product liability period
4. Exemption clauses in US product liability law
5. Development trends of US product liability law
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Section 7 Antitrust Law
1. Historical evolution of U.S. antitrust law
2. Basic principles of U.S. antitrust law
3. Enforcement agencies of U.S. antitrust laws
4. Trusts regulated by U.S. antitrust laws
Section 8 Bankruptcy Law
1. Early Bankruptcy in the United States The historical development of the law
2. From the Bankruptcy Law of 1898 to the Bankruptcy Reform Act of 1978
3. The legislative purpose of modern American bankruptcy law
4. The United States Collective Content of the Bankruptcy Code
Section 9 Labor Law
1. Labor Legislation in the Period of Liberal Capitalism
2. Labor Legislation in the Period of Monopoly Capitalism
3. The main contents of modern American labor law
Section 10 Environmental Law
1. The historical development of American environmental law
2 , the main contents of the U.S. environmental law system
Chapter 7 Criminal Law
Section 1 The Historical Development of U.S. Criminal Law
1. From the Revolutionary War to the Civil War Criminal legislation
2. Criminal legislation from the Civil War to the end of the 19th century
3. The development of criminal legislation in the 20th century
Section 2 Crime in contemporary America and countermeasures
1. Juvenile crime
2. Organized crime
3. Drug crime
4. Occupational crime
p>5. Corporate Crime
Section 3 Theories and Jurisprudence of American Criminal Law
1. Introduction to Criminal Law
1. Theory of Crime
3. Theory of Criminal Responsibility
4. Theory of Penalty
Chapter 8 Judicial System and Procedural Law
Section 1 Overview of the American Judicial System
1. The Judiciary of the United States
2. The Police and Prosecutorial Agencies of the United States
2. Lawyers
Section 2 The United States Criminal Procedure
1. General Principles
2. Jury System and Bail System
2. Investigation
4. Prosecution Procedure
5. Pre-trial procedures in the court
6. Incidental civil litigation
7. Criminal preliminary trial procedure
8. Appeal trial procedure
Section 3 Civil Litigation in the United States
1. Overview
2. Jurisdiction of Civil Litigation
3. Participants in Civil Litigation
p>4. Civil pre-trial procedure
5. Civil preliminary trial procedure
6. Civil execution procedure
7. Civil appeal procedure
Section 4 Administrative Litigation in the United States
1. Overview
2. Scope of Judicial Review
3. Parties to Judicial Review
4. Principles of Judicial Review
5. Liability for Administrative Torts
Chapter 9 Immigration Law
Section 1 History of U.S. Immigration Law
1. The origin of U.S. immigration law
2. Immigration quota policy and its legal provisions
3. The Immigration Act of 1952 and its amendments
2.
The IRCA Act of 1986
5. U.S. Immigration Laws after 1990
Section 2 Immigration Management of the U.S. Government
1. Immigration Jurisdiction of the U.S. Federal Government The basis and scope of the right
2. The enforcement agency of immigration law
3. The role of the U.S. Congress in the immigration process
Section 3 The U.S. visa system
1. Immigrant Visa
2. Non-immigrant Visa
Chapter 10 U.S. International Trade Law
Section 1 Overview
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Section 2 U.S. Import Trade Legal System
1. Import Tariffs
2. Import Restrictions and Quotas
3. Tax Refunds
4. Foreign Trade Zone
Section 3 U.S. Export Trade Legal System
1. Export Control
2. Export Encouragement
3. Foreign Bribery Prohibition Law
4. Anti-Boycott Law
Section 4 U.S. Anti-Unfair Trade Legal System
1. Anti-dumping Law
1. Countervailing Law
3. Section 337 of the Tariff Law
4. Anti-unfair trade practices in foreign markets (Section 301)
p>Appendix 1 Chief Justices of the United States Supreme Court
Appendix 2 United States Legal Chronology