China S Legal Reforms And Their Political Limits

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China's Legal Reforms and Their Political Limits

Ingrid Hooghe,Eduard B. Vermeer
China s Legal Reforms and Their Political Limits Book PDF

Author : Ingrid Hooghe,Eduard B. Vermeer
Publisher : Routledge
Page : 190 pages
File Size : 43,7 Mb
Release : 2012-12-06
Category : Social Science
ISBN : 9781136124501

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China's Legal Reforms and Their Political Limits by Ingrid Hooghe,Eduard B. Vermeer Pdf

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.

The Limits of the Rule of Law in China

Karen G. Turner,James V. Feinerman,R. Kent Guy
The Limits of the Rule of Law in China Book PDF

Author : Karen G. Turner,James V. Feinerman,R. Kent Guy
Publisher : University of Washington Press
Page : 384 pages
File Size : 51,6 Mb
Release : 2015-05-01
Category : History
ISBN : 9780295803890

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The Limits of the Rule of Law in China by Karen G. Turner,James V. Feinerman,R. Kent Guy Pdf

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.

Domestic Law Reforms in Post-Mao China

Pitman B. Potter,Stanley Lubman
Domestic Law Reforms in Post Mao China Book PDF

Author : Pitman B. Potter,Stanley Lubman
Publisher : Routledge
Page : 385 pages
File Size : 46,6 Mb
Release : 2019-07-12
Category : Social Science
ISBN : 9781315485874

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Domestic Law Reforms in Post-Mao China by Pitman B. Potter,Stanley Lubman Pdf

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.

China's Legal Reform

Keyuan Zou
China s Legal Reform Book PDF

Author : Keyuan Zou
Publisher : Martinus Nijhoff Publishers
Page : 279 pages
File Size : 41,9 Mb
Release : 2006
Category : Law
ISBN : 9789004152328

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China's Legal Reform by Keyuan Zou Pdf

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 developments of China's legal system as well as its reform in the context of globalization. It covers various topics, including constitutional changes, law-based administration, and more.

China's Long March Toward Rule of Law

Randall Peerenboom
China s Long March Toward Rule of Law Book PDF

Author : Randall Peerenboom
Publisher : Cambridge University Press
Page : 700 pages
File Size : 48,9 Mb
Release : 2002-09-26
Category : History
ISBN : 0521016746

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China's Long March Toward Rule of Law by Randall Peerenboom Pdf

Argues that China is in transition from rule by law to a version of rule of law.

The Logic and Limits of Political Reform in China

Joseph Fewsmith
The Logic and Limits of Political Reform in China Book PDF

Author : Joseph Fewsmith
Publisher : Cambridge University Press
Page : 128 pages
File Size : 53,5 Mb
Release : 2013-02-18
Category : Political Science
ISBN : 9781139620420

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The Logic and Limits of Political Reform in China by Joseph Fewsmith Pdf

In the 1990s China embarked on a series of political reforms intended to increase, however modestly, political participation to reduce the abuse of power by local officials. Although there was initial progress, these reforms have largely stalled and, in many cases, gone backward. If there were sufficient incentives to inaugurate reform, why wasn't there enough momentum to continue and deepen them? This book approaches this question by looking at a number of promising reforms, understanding the incentives of officials at different levels, and the way the Chinese Communist Party operates at the local level. The short answer is that the sort of reforms necessary to make local officials more responsible to the citizens they govern cut too deeply into the organizational structure of the party.

Collective Democracy

Zhiyu Shi
Collective Democracy Book PDF

Author : Zhiyu Shi
Publisher : Chinese University Press
Page : 400 pages
File Size : 52,9 Mb
Release : 1999
Category : China
ISBN : 9622018270

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Collective Democracy by Zhiyu Shi Pdf

Chinese democracy is collective democracy, argues Chi-yu Shih in Collective Democracy. Democratization in China does not purport to enhance individual human rights; rather, it aims to preserve and promote a sense of community. Democratization is both an assurance that no one will be left alone in the process of development and reform, and an attempt to avoid the building of self-centered boundaries by social members. Consequently, elections for people's deputies, officials, and village directors serve to consolidate the appearance of social consensus. In the nascent Chinese democracy, contends the author, the stress on human relations and the institutionalization of collective interests provide a potentially effective check on the historically familiar abuse of power.

Modern Chinese Legal Reform

Xiaobing Li,Qiang Fang
Modern Chinese Legal Reform Book PDF

Author : Xiaobing Li,Qiang Fang
Publisher : University Press of Kentucky
Page : 316 pages
File Size : 47,8 Mb
Release : 2013-02-15
Category : History
ISBN : 9780813141213

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Modern Chinese Legal Reform by Xiaobing Li,Qiang Fang Pdf

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.

China’s Struggle for the Rule of Law

Ronald C. Keith
China s Struggle for the Rule of Law Book PDF

Author : Ronald C. Keith
Publisher : Palgrave Macmillan
Page : 290 pages
File Size : 43,7 Mb
Release : 1994-03-31
Category : Political Science
ISBN : 0333586735

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China’s Struggle for the Rule of Law by Ronald C. Keith Pdf

The 'rule of law' is more than the mere existence and application of law within the sphere of state activity. Contemporary Chinese debate on the 'rule of law' underlines the limiting of arbitrary government, the materialisation of 'human rights', legal protection of 'rights and interests' and the principle of equality in the impartial legal mediation of conflicts within society's 'structure of interests'. Based upon China interviews and a comprehensive survey of the domestic press and Chinese-language legal journal materials, this book places pre- and post-Tiananmen Square legal reform in political context. The evolving contents of specific laws across the departments of constitutional, administrative, criminal, civil and economic law are assessed in light of the politics and intellectual dynamic of China's legal circles in their struggle to create a 'rule of law'.

Law, Wealth and Power in China

John Garrick
Law Wealth and Power in China Book PDF

Author : John Garrick
Publisher : Unknown
Page : 0 pages
File Size : 54,7 Mb
Release : 2014-02-15
Category : China
ISBN : 1138018058

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Law, Wealth and Power in China by John Garrick Pdf

This book examines the law reforms of contemporary China in light of the Party-state's ideological transformation and the political economy that shapes these reforms. This involves analysing three interrelated domains: law reform, power and wealth. The contributors to this volume employ a variety of perspectives and analytical techniques in their discussion of key themes including: commercial law reform and its governance of wealth and regulation of economic activity; the influence and authority of the Party-state over China's economic activity; and the influence of wealth and the wealthy in economic governance and legal reform. Utilizing an interdisciplinary approach, this book presents analytical perspectives of new work, or new lines of thinking about the new wealth, power and law reforms of China. As such, critical boundaries are explored between legal and financial reforms and what these reforms signify about deeper ideological, economic, social and cultural transformations in China. The book concludes by asking whether there is a 'China model' of development which will produce a unique variety of capitalism and indigenous variant of rule of law, and examining the 'winners and losers' in the transition from a centrally planned economy to a market economy. Law, Wealth and Power in China will be of interest to students and academics of comparative law, Asian law, Chinese economics and politics, Chinese Studies, as well as professionals in investment banking, finance and government.

Law and Politics in Modern China

Sharron Gu
Law and Politics in Modern China Book PDF

Author : Sharron Gu
Publisher : Unknown
Page : 429 pages
File Size : 52,7 Mb
Release : 2014-05-14
Category : LAW
ISBN : 1624991858

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Law and Politics in Modern China by Sharron Gu Pdf

This is an original interdisciplinary study of Chinese law, its language, and political institution. Evolving within a complex literary framework over thousands of years, Chinese language has lost its conceptual distinctiveness to its multilevel and overlapping meanings and connotations. Chinese law has become inflated with contrary rulings and exceptions. This mass of rules requires an extra-lingual (legal) authority to redefine boundaries and specify applications. This book follows and continues the author's, The Boundaries of Meaning and the Formation of Law (McGill University Press) by illustrating how language shapes the formation, application, and administration of law in various cultural environments. Law and Politics in Modern China is an important book for those interested in Chinese history, culture, law, and politics. It also provides refreshing insights about the way that law continues to function after its language matures and creates contradictions and loopholes within its system of rules--one of the most important issues facing Western legal administration in the immediate future.

China's Legal Reform

Keyuan Zou
China s Legal Reform Book PDF

Author : Keyuan Zou
Publisher : BRILL
Page : 278 pages
File Size : 43,6 Mb
Release : 2006-08-30
Category : Law
ISBN : 9789047410133

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China's Legal Reform by Keyuan Zou Pdf

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.

Debating Political Reform in China: Rule of Law vs. Democratization

Suisheng Zhao
Debating Political Reform in China Rule of Law vs Democratization Book PDF

Author : Suisheng Zhao
Publisher : Routledge
Page : 320 pages
File Size : 44,8 Mb
Release : 2014-12-18
Category : Business & Economics
ISBN : 9781317473305

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Debating Political Reform in China: Rule of Law vs. Democratization by Suisheng Zhao Pdf

The growing disconnect between China's market-oriented economy with its emerging civil society, and the brittle, anacronistic, and authoritarian state has given rise to intense discussion and debate about political reform, not only by Western observers, but also among Chinese intellectuals. While some expect China's political reform to lead to democratization, others have proposed to strengthen the institution of single-party rule and provide it with a solid legal base. This book brings the ongoing debate to life and explores the options for political reform. Offering the perspectives of both Western and Chinese scholars, it presents the controversial argument for building a consultive rule of law regime as an alternative to liberal democracy. It provides several critiques of this thesis, and then tests the thesis through empirical studies on the development of the rule of law in China.

The Judicial System and Reform in Post-Mao China

Yuwen Li
The Judicial System and Reform in Post Mao China Book PDF

Author : Yuwen Li
Publisher : Routledge
Page : 298 pages
File Size : 45,8 Mb
Release : 2016-03-03
Category : Law
ISBN : 9781317026563

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The Judicial System and Reform in Post-Mao China by Yuwen Li Pdf

This comprehensive study examines the development and changing characteristics of the judicial system and reform process over the past three decades in China. As the role of courts in society has increased so too has the amount of public complaints about the judiciary. At the same time, political control over the judiciary has retained its tight-grip. The shortcomings of the contemporary system, such as institutional deficiencies, shocking cases of injustice and cases of serious judicial corruption, are deemed quite appalling by an international audience. Using a combination of traditional modes of legal analysis, case studies, and empirical research, this study reflects upon the complex progress that China has made, and continues to make, towards the modernisation of its judicial system. Li offers a better understanding on how the judicial system has transformed and what challenges lay ahead for further enhancement. This book is unique in providing both the breadth of coverage and yet the substantive details of the most fundamental as well as controversial subjects concerning the operation of the courts in China.

The Changing Chinese Legal System, 1978 – Present

Bin Liang
The Changing Chinese Legal System 1978 Present Book PDF

Author : Bin Liang
Publisher : Routledge
Page : 269 pages
File Size : 54,5 Mb
Release : 2007-12-12
Category : History
ISBN : 9781135903237

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The Changing Chinese Legal System, 1978 – Present by Bin Liang Pdf

This groundbreaking book examines the changing Chinese legal system since 1978. In addition to historical analyses of changes at the economic, political-legal, and social levels, Liang gives special attention to crime and punishment functions of the legal system, and the current judicial system based on field research, i.e., court observations in both Beijing and Chengdu. The court system has been in a process of systemization, both internally and externally, seeking more power and relative independence. However, traditional influences, such as preference of mediation (over litigation) and substantive justice (over procedural justice), and lack of respect (from the masses) and guaranteed power (from the political structure), still have major impacts on the building and operation of the judicial system. Liang also shrewdly places the Chinese legal and political reform within the global system. This book, which reshapes our understanding of the economic, political, and essentially legal changes in China within the global context, will be crucial reading for scholars of Asia, law, criminal justice, and sociology.