Human Rights And Rule Of Law In China

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China’s Struggle for the Rule of Law

Author : Ronald C. Keith
Publisher : Springer
Page : 300 pages
File Size : 42,8 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'.

Human Rights in China

Author : Lee R. Massingdale
Publisher : Unknown
Page : 184 pages
File Size : 55,6 Mb
Release : 2009
Category : China
ISBN : STANFORD:36105215291316

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Human Rights in China by Lee R. Massingdale Pdf

In the past two decades, human rights has been a principal area of U.S. concern regarding the People's Republic of China (PRC), along with security and bilateral trade. Some U.S. leaders argue that U.S. policies of engagement with China, particularly since granting the PRC normal trade relations status in 2000, have helped to accelerate economic and social change and build social and legal foundations for human rights progress in the PRC. Others contend that U.S. engagement has failed not only to produce meaningful political reform but also to set any real change in motion. This book analyses China's mixed human rights record of the past several years -- major human rights problems, new human rights legislation, and the development of civil society, legal awareness, and social activism.

The Chinese Road of the Rule of Law

Author : Lin Li
Publisher : Springer
Page : 311 pages
File Size : 53,9 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.

Human Rights Protection System in China

Author : Pinghua Sun
Publisher : Springer Science & Business Media
Page : 379 pages
File Size : 47,6 Mb
Release : 2013-09-18
Category : Law
ISBN : 9783642396632

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Human Rights Protection System in China by Pinghua Sun Pdf

In recent years, more and more scholars in the world feel interested in the topic of human right protection status in China. This book hopes to serve as a window through which its readers will have a better understanding of theory and practice of human rights protection in the Chinese context. The book systematically introduces the dynamic development and progress of human rights protection in China, attaching great importance to the first white paper on Human Rights in China, “The state respects and guarantees human rights” included in the Constitution, National Human Rights Action Plan of China, and then putting forth fundamental principles to achieve international human rights standards and specific measures to improve human rights protection standards in China. Then the book further discusses “Foundations of Human Rights Guarantee in Contemporary China”, “Human Rights, Culture and Their Reconstruction in the Chinese Context” and “Socialist Legal System with Chinese Characteristics”. Then, a final chapter is dedicated to the topic of “Judicial Protection System of Human Rights in China”. In appendices, four important documents on human rights in China, as well as a list of the author’s major articles and works in the past 10 years are provided.​

Making Hong Kong China

Author : Michael Davis
Publisher : Unknown
Page : 128 pages
File Size : 51,8 Mb
Release : 2020-10
Category : Electronic
ISBN : 1952636132

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Making Hong Kong China by Michael Davis Pdf

How can one of the world's most free-wheeling cities transition from a vibrant global center of culture and finance into a subject of authoritarian control?As Beijing's anxious interference has grown, the "one country, two systems" model China promised Hong Kong has slowly drained away in the yearssince the 1997 handover. As "one country" seemed set to gobble up "two systems," the people of Hong Kong riveted the world's attention in 2019 by defiantly demanding the autonomy, rule of law and basic freedoms they were promised. In 2020, the new National Security Law imposed by Beijing aimed to snuff out such resistance. Will the Hong Kong so deeply held in the people's identity and the world's imagination be lost? Professor Michael Davis, who has taught human rights and constitutional law in this city for over three decades, and has been one of its closest observers, takes us on this constitutional journey.

China's Long March Toward Rule of Law

Author : Randall Peerenboom
Publisher : Cambridge University Press
Page : 700 pages
File Size : 44,5 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

China has enjoyed considerable economic growth in recent years in spite of an immature, albeit rapidly developing, legal system, a system whose nature, evolution and path of development have been poorly understood by scholars. Drawing on his legal and business experience in China as well as his academic background in the field, Peerenboom provides a detailed analysis of China's legal reforms. He argues that China is in transition from rule by law to a version of rule of law, though most likely not a liberal democratic version as found in economically advanced countries in the West. Maintaining that law plays a key role in China's economic growth, Peerenboom assesses reform proposals and makes his own recommendations. In addition to students and scholars of Chinese law, political science, sociology and economics, this will interest business professionals, policy advisors, and governmental and non-governmental agencies as well as comparative legal scholars and philosophers.

China's Human Rights Lawyers

Author : Eva Pils
Publisher : Routledge
Page : 246 pages
File Size : 53,5 Mb
Release : 2014-11-20
Category : Law
ISBN : 9781134450688

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China's Human Rights Lawyers by Eva Pils Pdf

This book offers a unique insight into the role of human rights lawyers in Chinese law and politics. In her extensive account, Eva Pils shows how these practitioners are important as legal advocates for victims of injustice and how bureaucratic systems of control operate to subdue and marginalise them. The book also discusses how human rights lawyers and the social forces they work for and with challenge the system. In conditions where organised political opposition is prohibited, rights lawyers have begun to articulate and coordinate demands for legal and political change. Drawing on hundreds of anonymised conversations, the book analyses in detail human rights lawyers’ legal advocacy in the face of severe institutional limitations and their experiences of repression at the hands of the police and state security apparatus, along with the intellectual, political and moral resources lawyers draw upon to survive and resist. Key concerns include the interaction between the lawyers and their bureaucratic, professional and social environments and the forms and long term political impact of resistance. In addressing these issues, Pils offers a rare evaluative perspective on China’s legal and political system, and proposes new ways to assess domestic advocacy’s relationship with international human rights and rule of law promotion. This book will be of great interest and use to students and scholars of law, Chinese studies, socio-legal studies, political studies, international relations, and sociology. It is also of direct value to people working in the fields of human rights advocacy, law, politics, international relations, and journalism.

China's Long March Toward Rule of Law

Author : Randall Peerenboom
Publisher : Cambridge University Press
Page : 700 pages
File Size : 49,5 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

China has enjoyed considerable economic growth in recent years in spite of an immature, albeit rapidly developing, legal system, a system whose nature, evolution and path of development have been poorly understood by scholars. Drawing on his legal and business experience in China as well as his academic background in the field, Peerenboom provides a detailed analysis of China's legal reforms. He argues that China is in transition from rule by law to a version of rule of law, though most likely not a liberal democratic version as found in economically advanced countries in the West. Maintaining that law plays a key role in China's economic growth, Peerenboom assesses reform proposals and makes his own recommendations. In addition to students and scholars of Chinese law, political science, sociology and economics, this will interest business professionals, policy advisors, and governmental and non-governmental agencies as well as comparative legal scholars and philosophers.

Human Rights and Rule of Law in China

Author : United States. Congressional-Executive Commission on China
Publisher : Unknown
Page : 32 pages
File Size : 52,7 Mb
Release : 2009
Category : China
ISBN : PSU:000066749103

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Human Rights and Rule of Law in China by United States. Congressional-Executive Commission on China Pdf

Rule of Law in China

Author : Katrin Blasek
Publisher : Springer
Page : 85 pages
File Size : 45,5 Mb
Release : 2014-11-01
Category : Law
ISBN : 9783662446225

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Rule of Law in China by Katrin Blasek Pdf

This book analyzes in detail differing interpretations of the rule of law in Western legal systems and in the People’s Republic of China. As the rule of law is seen by many as a prerequisite for China’s future development, politicians, activists and entrepreneurs from China and from the West alike have long been calling for adherence to this principle, which is constitutive of Western democracies. All these groups use the same words, but do they truly share the same idea? In order to address this question, the book compares the “Rule of Law with Chinese characteristics,” as propagated by Chinese leaders and in official Chinese publications, to different applications of the rule of law as it is understood in Western civilization. In particular, the author takes a closer look at the implementations of recognized core elements of the rule of law in representative Western countries, which include the separation of power, the supremacy of law, the protection of fundamental rights, and the independence of the justice system.

Chinese Perspectives on the International Rule of Law

Author : Matthieu Burnay
Publisher : Edward Elgar Publishing
Page : 336 pages
File Size : 54,9 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.

In the Name of Justice

Author : Weifang He
Publisher : Brookings Institution Press
Page : 324 pages
File Size : 49,5 Mb
Release : 2012-11-05
Category : Political Science
ISBN : 9780815722915

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In the Name of Justice by Weifang He Pdf

Of all the issues presented by China’s ongoing economic and sociopolitical transformation, none may ultimately prove as consequential as the development of the Chinese legal system. Even as public demand for the rule of law grows, the Chinese Communist Party still interferes in legal affairs and continues in its harsh treatment of human rights lawyers and activists. Both the frequent occurrences of social unrest in recent years and the growing tension between China’s various interest groups underline the urgency of developing a sound and sustainable legal system. As one of China’s most influential law professors, He Weifang has been at the forefront of the country’s treacherous 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. With In the Name of Justice, He presents his critical assessment of the state of Chinese legal reform. In addition to a selection of his academic writings, this unique book 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 the topics covered are judicial independence, judicial review, legal education, capital punishment, and the legal protection of free speech and human rights. The volume also offers a historical review of the evolution of Chinese traditional legal thought, enhanced by cross-country comparisons. A proponent of reform rather than revolution, He believes only true constitutionalism can guarantee social justice and enduring stability for China. "He Weifang has argued for two decades that rule of law, however inconvenient at times to some of those who govern, must be embraced because it is ultimately the most reliable protector of the interests of the country, of the average citizen, and, in fact, even of those who govern."—from the Foreword by John L. Thornton, chairman, Brookings Institution Board of Trustees and Professor and Director of Global Leadership at Tsinghua University "What struck me—and shocked me as a foreign visitor—was not only that the entire discussion was explicitly critical of the Chinese Communist Party for its resistance to any meaningful judicial reform, but also that the atmosphere was calm, reasonable, and marked by a sense of humor and sophistication in the expression of ideas."—from the Introduction by Cheng Li, director of research and senior fellow at the John L. Thornton China Center at Brookings

China’s Path of Human Rights Development

Author : Huawen Liu
Publisher : Springer Nature
Page : 233 pages
File Size : 48,7 Mb
Release : 2021-12-16
Category : Law
ISBN : 9789811639814

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China’s Path of Human Rights Development by Huawen Liu Pdf

This book focuses on China’s evolution in the field of human rights protection, highlighting its achievements in various systems of human rights protection, as well as its role in international human rights governance and the healthy development of human rights. From the perspective of China’s human rights protection, starting with various types of citizens, e.g. women, children and the disabled, the book analyzes and discusses the changes and major events in the country’s human rights development path one by one, while also explaining the Chinese stance on human rights development. China is becoming more active in the international human rights cooperation field, playing its unique and constructive role and serving as the participant, builder and contributor of the international human rights governance.

Human Rights in China

Author : Eva Pils
Publisher : John Wiley & Sons
Page : 256 pages
File Size : 47,8 Mb
Release : 2017-11-10
Category : Political Science
ISBN : 9781509500734

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Human Rights in China by Eva Pils Pdf

How can we make sense of human rights in China's authoritarian Party-State system? Eva Pils offers a nuanced account of this contentious area, examining human rights as a set of social practices. Drawing on a wide range of resources including years of interaction with Chinese human rights defenders, Pils discusses what gives rise to systematic human rights violations, what institutional avenues of protection are available, and how social practices of human rights defence have evolved. Three central areas are addressed: liberty and integrity of the person; freedom of thought and expression; and inequality and socio-economic rights. Pils argues that the Party-State system is inherently opposed to human rights principles in all these areas, and that – contributing to a global trend – it is becoming more repressive. Yet, despite authoritarianism's lengthening shadows, China’s human rights movement has so far proved resourceful and resilient. The trajectories discussed here will continue to shape the struggle for human rights in China and beyond its borders.

Rule Of Law In China: Progress And Problems

Author : Lin Li
Publisher : World Scientific
Page : 496 pages
File Size : 45,9 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.