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Author : Randall Peerenboom
Publisher : Cambridge University Press
Page : 700 pages
File Size : 40,9 Mb
Release : 2002-09-26
Category : History
ISBN : 0521016746
Argues that China is in transition from rule by law to a version of rule of law.
Author : Randall P. Peerenboom
Publisher : Unknown
Page : 673 pages
File Size : 46,6 Mb
Release : 2002
Category : Law reform
ISBN : 0511325819
Randall Peerenboom argues that China is in transition from rule by law to a version of rule of law, although not a 'liberal democratic' version. For students and scholars of the law, political science, sociology and economics of China, and business professionals, policy advisors, and governmental and non-governmental agencies.
Author : Esther Lam
Publisher : Kluwer Law International B.V.
Page : 264 pages
File Size : 55,8 Mb
Release : 2009-10-08
Category : Law
ISBN : 9789041144836
Joining the World Trade Organization (WTO) enables China to reform its legal order and to move towards a system incorporating major principles of the rule of law. The WTO also serves as an external impetus that guides contemporary Chinese legal reform and orients it in ways that domestic forces alone could not achieve and sustain. Much discussion on the WTO and the Chinese legal system has focused on the issue of compliance ― whether the Chinese legal system has the capacity to fulfill China’s WTO accession commitments. The focus of this work is less concerned with compliance issues per se, but rather with the extent to which the WTO’s requirements vis-à-vis China actually affect the Chinese legal system. The fine difference between the two approaches lies in the fact that efforts by the Chinese government to meet its WTO obligations necessarily impact the Chinese legal order and its way of functioning, even if their end results may or may not lead to full compliance with what is required of it by the WTO. This timely work exposes many behind-the-scene dealings and relies on valuable information that is not publicly available. Not only does it preserve for the historical record important details of the Chinese WTO accession, it also sheds light on the travaux préparatoires of China’s accession agreement and the negotiation history of important issues, some of which remain relevant and highly contentious today. As expressed by WTO Director-General Pascal Lamy in his foreword to the book, ‘through this work, Esther Lam succeeds in demonstrating how WTO membership can benefit both the acceding country and the wider WTO family of nations.’
Author : Randall Peerenboom
Publisher : Cambridge University Press
Page : 298 pages
File Size : 42,8 Mb
Release : 2009-11-23
Category : Law
ISBN : 9781107375581
This volume challenges the conventional wisdom about judicial independence in China and its relationship to economic growth, rule of law, human rights protection, and democracy. The volume adopts an interdisciplinary approach that places China's judicial reforms and the struggle to enhance the professionalism, authority, and independence of the judiciary within a broader comparative and developmental framework. Contributors debate the merits of international best practices and their applicability to China; provide new theoretical perspectives and empirical studies; and discuss civil, criminal, and administrative cases in urban and rural courts. This volume contributes to several fields, including law and development and the promotion of rule of law and good governance, globalization studies, neo-institutionalism and studies of the judiciary, the emerging literature on judicial reforms in authoritarian regimes, Asian legal studies, and comparative law more generally.
Author : Lin Li
Publisher : Springer
Page : 311 pages
File Size : 42,6 Mb
Release : 2018-06-06
Category : Law
ISBN : 9789811089657
This book studies the practical experience and theoretical development of rule of law in China, and provides fundamental theory for the construction of rule of law in contemporary China. The author examines the rule of law by exploring the entire legal system, and highlighting various aspects including the legislation, law enforcement and supervision systems. Readers will also discover the author’s strong opinions on scientific legislation, legal government, judicial reform, and the culture of rule of law. This highly readable book will appeal to both general readers and researchers interested in rule of law in China.
Author : Ronald C. Keith
Publisher : Springer
Page : 300 pages
File Size : 47,7 Mb
Release : 2016-07-27
Category : Political Science
ISBN : 9781349131105
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'.
Author : Matthieu Burnay
Publisher : Edward Elgar Publishing
Page : 336 pages
File Size : 48,8 Mb
Release : 2018-07-27
Category : Law
ISBN : 9781788112390
This insightful book investigates the historical, political, and legal foundations of the Chinese perspectives on the rule of law and the international rule of law. Building upon an understanding of the rule of law as an 'essentially contested concept', this book analyses the interactions between the development of the rule of law within China and the Chinese contribution to the international rule of law, more particularly in the areas of global trade and security governance.
Author : Quanxi Gao,Wei Zhang,Feilong Tian
Publisher : Springer
Page : 150 pages
File Size : 53,8 Mb
Release : 2015-01-27
Category : Law
ISBN : 9783662456378
This book is a grand review of the centurial development of rule of law in China. It covers the most important issues in this area and presents “political constitution,” a new interpretative framework that allows the Chinese experience of rule of law to be more fully and correctly expressed. It is especially useful to scholars involved in the study of modern China. The main chapters of this book include: The Constituent Movement in the Late Qing Dynasty; The Xinhai (1911) Revolution; Constitution-making at the Beginning of the Republic of China; The Great Revolution in the 1920s; The Rise of the Party State and its Transition; The Founding of 1949 New China and its Early Constitutional Development; and The Dualist System of Rule of Law in the Reforming Times.
Author : Cai Dingjian,蔡定剑,王晨光
Publisher : BRILL
Page : 584 pages
File Size : 51,9 Mb
Release : 2010
Category : Law
ISBN : 9789004184190
The Thirty years since China s reform and opening have been very eventful for the country s legal reforms, and this volume presents a multi-disciplinary look at the current scholarship going on in China on the subject. The articles have been translated into English to assist scholars worldwide in understanding China s recent legal history and also to help familiarize them with the currents of contemporary Chinese scholarship. Individual subjects include commercial law, the evolving relationship between the Chinese government and its citizens, administrative law and criminal justice. There are also chapters on newly emerging areas of the law that are crucial to China s future development, such as the chapters on environmental law and intellectual property. The volume also includes a chapter on legal education and the legal profession, judicial reform and the development of law to protect the rights of the disadvantaged.
Author : He Tian,Yanbin Lv
Publisher : Springer Nature
Page : 249 pages
File Size : 54,7 Mb
Release : 2021-08-09
Category : Law
ISBN : 9789811641305
This book provides law-based governance which is one of the basic policies that underpins our endeavors to uphold and develop socialism with Chinese characteristics in the new era. Law is the key to governing the country,and the rule of law is an important support for the national governance system and governance capacity. Since the 18th National Congress of the CPC,China has implemented the four-pronged comprehensive strategy and created an unprecedented new situation for law-based governance. Further progress has been made in ensuring China’s legislation is sound,law enforcement is strict, the administration of justice is impartial,and the law is observed by everyone. China’s efforts to build a country, government,and society based on the rule of law have been mutually reinforcing; the system of distinctively Chinese socialist rule of law has been steadily improved; public awareness of the rule of law has risen markedly. In recent years, China has adhered to the correct handling of the relationship between deepening reform and law-based governance,ensuring that major reforms are justified by law and providing solid guarantees of the rule of law for reform and opening-up. China has adhered to combine law-based governance of the country and rule-based governance over the party and exercised law-based governance at every point in the process and over every dimension of full and rigorous governance over the party and has made remarkable achievements in the construction of a clean and honest government and the struggle against corruption.
Author : Yongnian Zheng
Publisher : Unknown
Page : 78 pages
File Size : 41,7 Mb
Release : 1998
Category : China
ISBN : UOM:39015042915036
Author : Randall P. Peerenboom
Publisher : Psychology Press
Page : 518 pages
File Size : 53,6 Mb
Release : 2004
Category : History
ISBN : 0415326125
Rule of law, one of the pillars of the modern world, has emerged in Western liberal democracies. This book considers how rule of law is viewed and implemented in the different cultural, economic and political context of Asia.
Author : Weifang He
Publisher : Thornton Center Chinese Thinkers Series
Page : 0 pages
File Size : 43,9 Mb
Release : 2012
Category : Law
ISBN : 081573347X
As one of China's most influential law professors, He Weifang has been at the forefront of the country's path toward justice and judicial independence for over a decade. Among his many remarkable endeavors was a successful petition in 2003 that abolished China's controversial regulations permitting the internment and deportation of urban "vagrants," bringing to an end two decades of legal discrimination against migrant workers. His bold remarks at the famous New Western Hills Symposium in 2006, including his assertion that "China's party-state structure violates the PRC Constitution," are considered a watershed moment in the century-long movement for a constitutional China. In this book, He presents his critical assessment of the state of Chinese legal reform. In addition to a selection of his academic writings, In the Name of Justice also includes many of He Weifang's public speeches, media interviews, and open letters, providing additional insight into his dual roles as thinker and practitioner in the Chinese legal world. Among topics covered are judicial independence, judicial review, legal education, capital punishment, and legal protection of free speech and human rights. The volume offers a historical review of the evolution of Chinese traditional legal thought, enhanced by cross-country comparisons. A proponent of reform, He believes true constitutionalism can guarantee social justice and enduring stability for China.
Author : Alan S Alexandroff,Sylvia Ostry,Rafael Gomez
Publisher : Routledge
Page : 256 pages
File Size : 50,8 Mb
Release : 2002-10-03
Category : Business & Economics
ISBN : 9781134569144
On December 11th 2001, China joined the World Trade Organization (WTO). This book examines the Prolonged negotiations leading up to this historic event.
Author : Rush Doshi
Publisher : Oxford University Press
Page : 433 pages
File Size : 44,6 Mb
Release : 2021-06-11
Category : Political Science
ISBN : 9780197527870
For more than a century, no US adversary or coalition of adversaries - not Nazi Germany, Imperial Japan, or the Soviet Union - has ever reached sixty percent of US GDP. China is the sole exception, and it is fast emerging into a global superpower that could rival, if not eclipse, the United States. What does China want, does it have a grand strategy to achieve it, and what should the United States do about it? In The Long Game, Rush Doshi draws from a rich base of Chinese primary sources, including decades worth of party documents, leaked materials, memoirs by party leaders, and a careful analysis of China's conduct to provide a history of China's grand strategy since the end of the Cold War. Taking readers behind the Party's closed doors, he uncovers Beijing's long, methodical game to displace America from its hegemonic position in both the East Asia regional and global orders through three sequential "strategies of displacement." Beginning in the 1980s, China focused for two decades on "hiding capabilities and biding time." After the 2008 Global Financial Crisis, it became more assertive regionally, following a policy of "actively accomplishing something." Finally, in the aftermath populist elections of 2016, China shifted to an even more aggressive strategy for undermining US hegemony, adopting the phrase "great changes unseen in century." After charting how China's long game has evolved, Doshi offers a comprehensive yet asymmetric plan for an effective US response. Ironically, his proposed approach takes a page from Beijing's own strategic playbook to undermine China's ambitions and strengthen American order without competing dollar-for-dollar, ship-for-ship, or loan-for-loan.