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Author : Hungdah Chiu
Publisher : Unknown
Page : 50 pages
File Size : 48,8 Mb
Release : 1980
Category : Law reform
ISBN : STANFORD:36105027075451
Author : Jianfu Chen,Yuwen Li,Jan Michiel Otto
Publisher : BRILL
Page : 386 pages
File Size : 54,7 Mb
Release : 2021-08-04
Category : Law
ISBN : 9789004481183
China, after some twenty years of reform, is no longer a country without law. Indeed, one may legitimately complain that there are too many laws that are changing too rapidly. However, law acquires no life nor performs its intended social functions without proper implementation and enforcement. Here, few people, Chinese or foreign, are content with the general situation of implementation of law in China. The problems and difficulties in implementing and enforcing laws and regulations are reported and discussed in the various forums of the Chinese media almost on a daily basis, and often reported in Western media also. Academics in China are filling the pages of various legal journals with their diagnoses and analyses of the causes of, and solutions to, the lack of proper implementation of law, and legal regulations and policy measures are being issued to deal with these problems and to overcome the difficulties. The future of the rule of law in China, as we are so often reminded by scholars of Chinese politics and law, largely depends on the proper implementation and enforcement of law. This is a book about `law-in-action' in China, that is, it focuses on the administration of the law as a process through which `law-in-the-books' is put into action and, hence, is made to perform its intended social functions. It deals with the process, the institutional settings (the players), and the political, economic, social, and cultural settings (the factors) involved in the administration of law in China. Throughout the book, we will see a variety of problems and difficulties involved in implementing and enforcing laws and regulations that are identified and analyzed by the contributors. We will also see analyses on legal regulations and policy measures that have been issued to rectify the many identified problems, to raise the standard of actual implementation of law, and to improve the functioning of the various law-implementing/enforcing authorities. Additionally, the book provides various case studies on implementation of law in China. The present book, we believe, is among the first collective efforts at a systematic and comprehensive study of the implementation of law in China, and we hope that it will stimulate many more such studies - studies on the actual operation and impact of law on society and on individuals.
Author : Ingrid Hooghe,Eduard B. Vermeer
Publisher : Routledge
Page : 190 pages
File Size : 53,9 Mb
Release : 2012-12-06
Category : Social Science
ISBN : 9781136124501
Presents new insights into recent changes in China's legal framework in areas crucial to the modernisation process. Topics include law reform to accommodate foreign interests and convert China to a market economy, the judicial system and its treatment of human rights issues, the introduction of non-tariff barriers for foreign companies, and the current privatisation process.
Author : Pitman B. Potter,Stanley Lubman
Publisher : Routledge
Page : 385 pages
File Size : 46,8 Mb
Release : 2019-07-12
Category : Social Science
ISBN : 9781315485874
This volume explores various aspects of the law in transition in post-Mao China. Stanley Lubman's introduction places each of the substantive chapters in the larger context of Chinese legal studies. Edward Epstein analyses the transplanting of European and Anglo-American legal ideologies into China, and the dilemmas this poses for the rule of law and legitimation in the reform period. Murray Scot Tanner analyses reforms in the legislative process, focusing particularly on the separation of the Communist Party from day-to-day legislative affairs and more pluralistic tendencies in the legislative process. William C. Jones, by addressing the opinion of the Surpreme People's Court regarding implementation of the general principles of civil law, raises compelling questions about legal interpretation in China in the context of social reform. James Feinerman analyses developments in Chinese contract law, raising the question as to whether in China it can form a basis for predictability and certainty in commercial transactions that are integral to the economic reforms. Judy Polumbaum studies developing efforts to enact a press law, reflecting the uses to which law has been put in pursuit of the political issue of press reform. Finally, Pitman Potter analyses the emerging concept of judicial review in the context of the Administrative Litigation Law of the PRC, an important aspect of political reform in China. By addressing these issues, the authors aim to reveal the various aspects of the developing autonomy that is embodied in China's legal reforms.
Author : Donald C. Clarke
Publisher : Cambridge University Press
Page : 212 pages
File Size : 54,8 Mb
Release : 2008-03-06
Category : History
ISBN : 0521719291
Examines the legal ramifications of economic and social changes in China, mid 1990s to present.
Author : Xiaobing Li,Qiang Fang
Publisher : University Press of Kentucky
Page : 316 pages
File Size : 49,8 Mb
Release : 2013-02-15
Category : History
ISBN : 9780813141213
China's rapid socioeconomic transformation of the past twenty years has led to dramatic changes in its judicial system and legal practices. As China becomes more powerful on the world stage, the global community has dedicated more resources and attention to understanding the country's evolving democratization, and policymakers have identified the development of civil liberties and long-term legal reforms as crucial for the nation's acceptance as a global partner. Modern Chinese Legal Reform is designed as a legal and political research tool to help English-speaking scholars interpret the many recent changes to China's legal system. Investigating subjects such as constitutional history, the intersection of politics and law, democratization, civil legal practices, and judicial mechanisms, the essays in this volume situate current constitutional debates in the context of both the country's ideology and traditions and the wider global community. Editors Xiaobing Li and Qiang Fang bring together scholars from multiple disciplines to provide a comprehensive and balanced look at a difficult subject. Featuring newly available official sources and interviews with Chinese administrators, judges, law-enforcement officers, and legal experts, this essential resource enables readers to view key events through the eyes of individuals who are intimately acquainted with the challenges and successes of the past twenty years.
Author : Keyuan Zou
Publisher : BRILL
Page : 278 pages
File Size : 44,6 Mb
Release : 2006-08-30
Category : Law
ISBN : 9789047410133
China’s legal system has drawn ever more attention from the international community. It has been developing at a very significant pace since China carried out economic reform and instituted an “open door” policy in 1978.China’s entry into the World Trade Organization (WTO) has had a tremendous impact on the development and reform of China’s legal system. This book focuses on the recent developments of China’s legal system as well as its reform in the context of globalization. It covers various hot and timely topics, including constitutional changes, the relationship between the Chinese Communist Party and the law, legislation, law-based administration, laws for anti-corruption campaigns, judicial reform, legal education and China’s compliance with international law. The book is suitable for lawyers, whether practicing or academic, officials in national governments and international organizations and students and scholars in academia, who are interested in China, Chinese law, comparative and international law.
Author : Stanley B. Lubman
Publisher : Stanford University Press
Page : 464 pages
File Size : 42,9 Mb
Release : 1999
Category : Law
ISBN : 0804743789
This book analyzes the principal legal institutions that have emerged in China and considers implications for U.S. policy of the limits on China's ability to develop meaningful legal institutions.
Author : Stanley B. Lubman
Publisher : Edward Elgar Publishing
Page : 0 pages
File Size : 49,5 Mb
Release : 2012
Category : Law
ISBN : 1848449763
This timely collection presents articles written by Chinese and Western authors on law reform in the People's Republic of China from its beginning in 1978 until the present day. The first part presents differing perspectives on the history of law reform. Separate sections are devoted to core institutions: the Constitution, the legislature, administrative law, courts, criminal process, the legal profession, extra-judicial dispute resolution and citizen petitions. Alongside an original introduction the book will be of interest to readers with specialized interests in Chinese law but also to anyone interested in China's governance.
Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 54,8 Mb
Release : 2024-06-28
Category : Electronic
ISBN : 1784713902
Author : Hungdah Chiu
Publisher : Unknown
Page : 54 pages
File Size : 52,7 Mb
Release : 1982
Category : Law
ISBN : STANFORD:36105027075444
Author : Stanley B. Lubman
Publisher : Oxford University Press, USA
Page : 240 pages
File Size : 44,9 Mb
Release : 1996
Category : Law
ISBN : UOM:39015038032226
Since the early 1980s, the People's Republic of China has been building legal institutions where no meaningful ones had existed before. This collection of essays by leading international scholars of Chinese law analyses the accomplishments of Chinese law reform and the problems that confrontthe Chinese leadership and the Chinese people in their struggle to define the role of law in China. Chinese economic reforms have led to a dramatic rate of economic growth, and have also made China the world's leader in attracting foreign capital. A sound legal system is not only essential forcontinued economic growth and foreign investment, but its future development will express and reflect the evolution of China's post-totalitarian political institutions.These essays focus on the changing Chinese conceptions of the role of law in shaping family relationships; the effectiveness of the courts in civil litigation; the operation of the criminal process; judicial decision-making; the evolution of a legislative process; the growth of a legal profession;the legal framework of foreign direct investment in China; and China's record as a member of the international community. An overview by the editor identifies the emerging functions performed in Chinese society by the new legal institutions and tries to analyse likely major influences on them in thenear future, including, among other contradictory forces, increased consciousness of individual rights and a tenacious insistence by the Chinese Communist Party on maintaining its power.
Author : Karen G. Turner,James V. Feinerman,R. Kent Guy
Publisher : University of Washington Press
Page : 384 pages
File Size : 41,8 Mb
Release : 2015-05-01
Category : History
ISBN : 9780295803890
In The Limits of the Rule of Law in China, fourteen authors from different academic disciplines reflect on questions that have troubled Chinese and Western scholars of jurisprudence since classical times. Using data from the early 19th century through the contemporary period, they analyze how tension between formal laws and discretionary judgment is discussed and manifested in the Chinese context. The contributions cover a wide range of topics, from interpreting the rationale for and legacy of Qing practices of collective punishment, confession at trial, and bureaucratic supervision to assessing the political and cultural forces that continue to limit the authority of formal legal institutions in the People’s Republic of China.
Author : Zheng Sophia Tang,Yongping Xiao,Zhengxin Huo
Publisher : Edward Elgar Publishing
Page : 480 pages
File Size : 49,6 Mb
Release : 2016-07-27
Category : Law
ISBN : 9781849808590
The area of conflict of laws in China has undergone fundamental development in the past three decades and the most recent changes in the 2010s, regarding both jurisdiction and choice of law rules, mark the establishment of a modern Chinese conflicts system. Jointly written by three professors from both China and the UK, this book provides the most up-to-date and comprehensive analysis of Chinese conflict of laws in civil and commercial matters, covering jurisdiction, choice of law, procedure, judgment and awards recognition and enforcement, and interregional conflicts in China.
Author : Xin Ren
Publisher : Bloomsbury Publishing USA
Page : 198 pages
File Size : 40,6 Mb
Release : 1997-03-25
Category : Law
ISBN : 9780313370106
Traditionally, social theorists in the West have structured models of state social control according to the tenet that socialization is accomplished by means of external controls on behavior: undesirable actions are punished and desirable actions result either in material reward or a simple respite from the oppressive attentions of an authoritarian state. In this volume, the author presents the tradition of law in China as an exception to the Western model of social control. The Confucian bureaucracy that has long structured Chinese social life melded almost seamlessly with the Maoist revolutionary agenda to produce a culture in which collectivism and an internalized adherence to social law are, in some respects, congenital features of Chinese social consciousness. Through her investigation of the Maoist concept of revolutionary justice and the tradition of conformist acculturation in China, the author constructs a fascinating counterpoint to traditional Western arguments about social control.
