Domestic Law Reforms In Post Mao China

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.

Author : Shao-chuan Len,Hungdah Chiu
Publisher : State University of New York Press
Page : 352 pages
File Size : 42,9 Mb
Release : 1985-06-30
Category : Political Science
ISBN : 9781438410500

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Criminal Justice in Post-Mao China by Shao-chuan Len,Hungdah Chiu Pdf

The post-Mao commitment to modernization, coupled with a general revulsion against the lawlessness of the Cultural Revolution, has led to a significant law reform movement in the People's Republic of China. China's current leadership seeks to restore order and morale, to attract domestic support and external assistance for its modernization program, and to provide a secure, orderly environment for economic development. It has taken a number of steps to strengthen its laws and judicial system, among which are the PRC's first substantive and procedural criminal codes. This is the first book-length study of the most important area of Chinese law—the development, organization, and functioning of the criminal justice system in China today. It examines both the formal aspects of the criminal justice system—such as the court, the procuracy, lawyers, and criminal procedure—and the extrajudicial organs and sanctions that play important roles in the Chinese system. Based on published Chinese materials and personal interviews, the book is essential reading for persons interested in human rights and laws in China, as well as for those concerned with China's political system and economic development. The inclusion of selected documents and an extensive bibliography further enhance the value of the book.

Author : Stanley B. Lubman
Publisher : Stanford University Press
Page : 464 pages
File Size : 45,7 Mb
Release : 1999
Category : Law
ISBN : 0804743789

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Bird in a Cage by Stanley B. Lubman Pdf

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 : Yongnian Zheng
Publisher : Unknown
Page : 78 pages
File Size : 41,9 Mb
Release : 1998
Category : China
ISBN : UCSD:31822027789742

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From Rule by Law to Rule of Law? by Yongnian Zheng Pdf

Author : Yuwen Li
Publisher : Ashgate Publishing, Ltd.
Page : 336 pages
File Size : 47,8 Mb
Release : 2014-11-28
Category : Law
ISBN : 9781472436078

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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. Using a combination of traditional modes of legal analysis, case studies, and empirical research, the study reflects upon the complex progress that China has made, and continues to make, towards the modernisation of its judicial system. It is unique in providing both breadth of coverage and substantive details of the operation of the courts in China.

Author : Barrett L. McCormick
Publisher : Unknown
Page : 388 pages
File Size : 43,9 Mb
Release : 1985
Category : China
ISBN : WISC:89094337060

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Political Reform in Post-Mao China by Barrett L. McCormick Pdf

Author : John Garrick,Yan Chang Bennett
Publisher : Routledge
Page : 244 pages
File Size : 53,7 Mb
Release : 2016-01-29
Category : Social Science
ISBN : 9781317354161

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China's Socialist Rule of Law Reforms Under Xi Jinping by John Garrick,Yan Chang Bennett Pdf

Under the direction of the Communist Party of China (CPC), key legal challenges have been identified which will shape the modernization of China’s legal and administrative institutions. An increasingly complex set of legal actors now seek to influence this development, including securities regulators, bankers, accountants, lawyers, local-level mediators and some of China’s newly rich. Whilst the rising middle class wants to voice its interests and concerns, the CPC strives to maintain its leading role. This book provides a critical appraisal of China’s deepening socialist rule of law and looks ahead to the implications of the domestic reforms for the international legal domain. With contributions from leading Chinese law specialists, it draws on specific illustrations from judicial reform, constitutional law, procedural law, anti-corruption, property law and urban development, socio-economic dispute resolution and Chinese macro-economics. The book questions how China’s domestic law reforms will impact international legal systems, and how international law can be used in managing key regional and bilateral relationships and in dispute resolution, such as in the South China Sea and international trade. Assessing the state and direction of domestic law reform and including debates around the legal implications of some of China’s most pressing foreign policy challenges today, this volume will be of huge interest to students, scholars and practitioners with an interest in Asia law, Chinese law, international law, comparative law and law reform.

Author : Lowell Dittmer,Guoli Liu
Publisher : Rowman & Littlefield
Page : 534 pages
File Size : 55,9 Mb
Release : 2006
Category : History
ISBN : 0742539318

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China's Deep Reform by Lowell Dittmer,Guoli Liu Pdf

China's rapid and complex political and socioeconomic changes provide fertile ground for pioneering analysis, but they also present daunting theoretical and practical challenges. This reader takes up the challenge, offering the most comprehensive assessment of Chinese domestic politics available by bringing together the best recent scholarship in the field. The anthology focuses on the origin, content, and significance of the post-1989 phase of China's reform and opening to the world, commonly known in the PRC as "deep reform." This period has been unfolding in interaction with globalization, marketization, privatization, political institutionalization, as well as with financial and legal changes. Deep reform includes new policy initiatives that have penetrated political, legal, economic, and social sectors untouched by previous initiatives as reformers have been forced to deal with the consequences--intended and unintended--of earlier reforms. These carefully selected essays by leading scholars have been revised and updated for this text. In addition, a substantive introduction and conclusion place the articles in their broader context for readers new to the subject. With the successful transition of the leadership of the party, state, and military since 2002, the time is ripe for a comprehensive evaluation of China's deep reform as it enters a new stage. This timely reader will offer students, scholars, and policymakers invaluable insights into the dynamics of change in one of the world's emerging political and economic dynamos. Contributions by: Marc Blecher, Bruce J. Dickson, Lowell Dittmer, Joseph Fewsmith, Ting Gong, Baogang Guo, William Hurst, Cheng Li, Guoli Liu, Andrew J. Nathan, Kevin J. O'Brien, Veronica Pearson, Randall Peerenboom, Yingyi Qian, Tony Saich, Tianjian Shi, Edward S. Steinfeld, Shaoguang Wang, Lynn White, Yu-Shan Wu, and Guobin Yang

Author : Harry Harding
Publisher : Brookings Institution Press
Page : 404 pages
File Size : 53,9 Mb
Release : 2010-12-01
Category : Political Science
ISBN : 0815707282

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China's Second Revolution by Harry Harding Pdf

China has, since 1976, been enmeshed in an extraordinary program of renewal and reform. The obvious changes—the T-shirts, blue jeans, makeup and jewelry worn by Chinese youth; the disco music blaring from radios and loudspeakers on Chinese streets; the television antennas mushrooming from both urban apartment complexes and suburban peasant housing; the bustling free markets selling meat, vegetables and clothing in China's major cities—reflect a fundamental shift in the government's policy toward the economy and political life. Although doubts about the long-term commitment to reform arose after the student protests in December 1986 and the dismissal of Party General Secretary Hu Yaobang in January 1987, the scope of reform has been so broad and the pace of change so rapid, that the post-Mao era fully warrants Den Xiaoping's description of it as the "second revolution" undertaken by the Chinese Communist Party.

Author : Yuwen Li
Publisher : Routledge
Page : 298 pages
File Size : 45,7 Mb
Release : 2016-03-03
Category : Law
ISBN : 9781317026556

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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.

Author : Peter T.Y. Cheung,Jae Ho Chung,Zhimin Lin
Publisher : Routledge
Page : 525 pages
File Size : 48,8 Mb
Release : 2016-12-05
Category : Religion
ISBN : 9781315293158

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Provincial Strategies of Economic Reform in Post-Mao China by Peter T.Y. Cheung,Jae Ho Chung,Zhimin Lin Pdf

Focusing on the role of provincial leadership in the initiation and implementation of economic reform, this text studies economic decentralization in eight Chinese provinces. In each area, resource allocation and acquisition of foreign capital and investment are investigated.

Author : Keyuan Zou
Publisher : Martinus Nijhoff Publishers
Page : 279 pages
File Size : 42,7 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.

Author : Richard Baum
Publisher : Unknown
Page : 0 pages
File Size : 44,6 Mb
Release : 1990
Category : China
ISBN : OCLC:952978894

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Reform and Reaction in Post-Mao China by Richard Baum Pdf

Author : R.J. Ross
Publisher : Routledge
Page : 209 pages
File Size : 40,6 Mb
Release : 2016-07-01
Category : Political Science
ISBN : 9781315502281

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After the Cold War: Domestic Factors and U.S.-China Relations by R.J. Ross Pdf

As relations between the United States and China move into a period of intense activity and sensitivity, this timely book addresses the impact of domestic factors in both countries on their post-Cold War/post-Tiananmen relations. The contributors examine the issue from a number of distinct perspectives: the increased impact of domestic factors in both countries due to changing strategic circumstances; the politics of China policy in the United States, with emphasis on the role of interest groups vis-a-vis Congress, the media, and other domestic institutions; the importance of domestic factors in U.S.-China economic conflicts; the combined impact of domestic factors in both China and the United States on the most important conflict of interest in U.S.-China relations -- the Taiwan issue.

Author : Xiaobing Li,Qiang Fang
Publisher : University Press of Kentucky
Page : 318 pages
File Size : 42,6 Mb
Release : 2013-01-01
Category : History
ISBN : 9780813141206

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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.