China S Struggle For The Rule Of Law

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China’s Struggle for the Rule of Law

Author : Ronald C. Keith
Publisher : Springer
Page : 300 pages
File Size : 44,8 Mb
Release : 2016-07-27
Category : Political Science
ISBN : 9781349131105

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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'.

China's Struggle for the Rule of Law

Author : Ronald C. Keith
Publisher : Palgrave Macmillan
Page : 290 pages
File Size : 49,9 Mb
Release : 1994-01-01
Category : Law
ISBN : 0312106696

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

China's Long March Toward Rule of Law

Author : Randall Peerenboom
Publisher : Cambridge University Press
Page : 700 pages
File Size : 49,9 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 Chinese Road of the Rule of Law

Author : Lin Li
Publisher : Springer
Page : 311 pages
File Size : 43,7 Mb
Release : 2018-06-06
Category : Law
ISBN : 9789811089657

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The Chinese Road of the Rule of Law by Lin Li Pdf

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.

The Chinese Path of Rule of Law Construction

Author : He Tian,Yanbin Lv
Publisher : Springer Nature
Page : 249 pages
File Size : 45,7 Mb
Release : 2021-08-09
Category : Law
ISBN : 9789811641305

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The Chinese Path of Rule of Law Construction by He Tian,Yanbin Lv Pdf

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.

Rule Of Law In China: Progress And Problems

Author : Lin Li
Publisher : World Scientific
Page : 496 pages
File Size : 52,6 Mb
Release : 2020-04-28
Category : Law
ISBN : 9789811210969

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Rule Of Law In China: Progress And Problems by Lin Li Pdf

This book comprehensively introduces the development of rule of law and law-based governance in China. Through theoretical interpretation, background analysis and empirical analysis of several key issues, this book answers why and how China promotes its rule of law and how the country identifies major challenges of promoting rule of law. It also looks at how China solves its problems in the process of practicing socialist rule of law.

Chinese Perspectives on the International Rule of Law

Author : Matthieu Burnay
Publisher : Edward Elgar Publishing
Page : 336 pages
File Size : 53,9 Mb
Release : 2018-07-27
Category : Law
ISBN : 9781788112390

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Chinese Perspectives on the International Rule of Law by Matthieu Burnay Pdf

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.

Building the Rule of Law in China

Author : Weidong Ji
Publisher : Routledge
Page : 399 pages
File Size : 46,7 Mb
Release : 2017-12-12
Category : Law
ISBN : 9781351613057

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Building the Rule of Law in China by Weidong Ji Pdf

After thirty years of Mao era (1949-1979) which was struggle-based, the Communist Party of China has begun to change its position as a pioneering revolutionary party, evolving into a universal ruling party that transcends class interests. Meanwhile, administrative and judicial reforms oriented toward a more efficient, serving government and the rule of law have been actively carried out. As the earliest work on constructive jurisprudence of new proceduralism in China, this book elaborates on the ideological confrontation on the "direction of China". It includes academic debates on politics and law which the author has been involved in, and top-level institutional design in China. Besides, this book introduces, analyzes and evaluates the focus of Chinese contemporary jurisprudence, making some critical summarizing propositions on the practical experiences. A review of Western contemporary jurisprudence and the forefront of legal research is also covered, aiming to provide ideological resources for the rule of law in China. Scholars and students in Chinese legal and social transformation studies will be attracted by this book. Furthermore, it will help different civilizations conduct rational dialogues on justice and order.

Building the Rule of Law in China

Author : Lin Li
Publisher : Elsevier
Page : 352 pages
File Size : 46,7 Mb
Release : 2017-03-21
Category : Law
ISBN : 9780081022313

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Building the Rule of Law in China by Lin Li Pdf

Building the Rule of Law in China explores the idea that China needs a more globalized and diversified vision for the science of law, presenting the need to think differently from the two major western mainstream legal cultures, the Anglo-American and the continental systems. Other globalized, universalized, and diversified models and experiences in the rule of law from diverse civilizations have much to offer China. Through learning from the strengths exhibited by systems in countries with a very developed and well-organized rule of law, and absorbing essential aspects from different countries, China might be well positioned to promote the development of the rule of law in a robust and comprehensive manner. This book explores the topic from several perspectives, giving the reader an up-to-date resource on the ever-evolving vision for the science of law in China. Explores the situation of rule of law in China as it currently stands Presents a case that China must look beyond the two western systems of law for a more globalized vision Gives analysis on the contemporary situation, and insight into the near future Presents a particular perspective on the rule of law in China by a scholar closely involved with its actual development Translates into English, providing a new and valuable perspective to an English speaking readership

Democracy and Rule of Law in China's Shadow

Author : Brian Christopher Jones
Publisher : Bloomsbury Publishing
Page : 348 pages
File Size : 51,6 Mb
Release : 2021-06-03
Category : Law
ISBN : 9781509933976

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Democracy and Rule of Law in China's Shadow by Brian Christopher Jones Pdf

This book provides detailed insight into some of the most contentious events occurring in jurisdictions operating within China's vast shadow. Epic clashes between law and politics have become a regular fixture throughout the world, and no region has seen more of these than Asia. In some cases these conflicts have involved newfound democratic aspirations or democratic deepening, while in others it has arisen because of pushback against authoritarian or semi-authoritarian governments. Indeed, many of these clashes centre on or involve the region's most powerful and controversial player: China. This book focuses on several of these critical struggles, examining how democracy and the rule of law play out in a number of jurisdictions highly influenced by China's presence. Chapters provide insightful analysis on issues such as: major threats to the rule of law and attempts to uphold the principle, oath-taking controversies, foreign judges and the disparagement of the judiciary, unconstitutional and undemocratic provisions, changing ideas of representation, a right to democracy in international law, same-sex marriage rights, and the legal responses to civil disobedience in Taiwan and Hong Kong, among other topics. Ultimately, the book delivers a contemporary understanding of how democracy and the rule of law both complement and converge in this fascinating region.

The Limits of the Rule of Law in China

Author : Karen G. Turner,James V. Feinerman,R. Kent Guy
Publisher : University of Washington Press
Page : 384 pages
File Size : 54,9 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.

The Road to the Rule of Law in Modern China

Author : Quanxi Gao,Wei Zhang,Feilong Tian
Publisher : Springer
Page : 150 pages
File Size : 45,9 Mb
Release : 2015-01-27
Category : Law
ISBN : 9783662456378

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The Road to the Rule of Law in Modern China by Quanxi Gao,Wei Zhang,Feilong Tian Pdf

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.

China's Supreme Court

Author : Ronald C. Keith,Zhiqiu Lin,Shumei Hou
Publisher : Routledge
Page : 248 pages
File Size : 54,7 Mb
Release : 2013-10-23
Category : Social Science
ISBN : 9781134666003

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China's Supreme Court by Ronald C. Keith,Zhiqiu Lin,Shumei Hou Pdf

This book examines the learning curve of the People's Supreme Court of China as an expanding Chinese national institution that has played a key role in the struggle for the rule of law in China. Within the unity of state administration and the requirements of the constitution, the court has negotiated the changing tension between politics and law through improvising new formats of interpretation and supervision in response to the changing priorities of revolution and market reform.

China's Legal Reform

Author : Keyuan Zou
Publisher : BRILL
Page : 278 pages
File Size : 45,8 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.