Law And Justice In China S New Marketplace

Author : Ronald C. Keith
Publisher : Springer
Page : 315 pages
File Size : 40,7 Mb
Release : 2001-01-11
Category : Political Science
ISBN : 9780230511156

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Law and Justice in China's New Marketplace by Ronald C. Keith Pdf

Law and Justice in China's New Marketplace provides the first comprehensive multidisciplinary analysis of the jurisprudence and related law underlying the contemporary Chinese transition to the 'socialist market economy'. New 'pluralized jurisprudence' has moved beyond Marxist class analysis to consider a new balance of values relating to economic efficiency and social justice in the marketplace, and yet the interior debates and perspectives concerning these values are virtually unknown in the Western scholarly literature. By analysing the changing Chinese approach in law to the adjustment of social interests in the context of profound economic change , Law and Justice in China's New Marketplace provides a unique reference tool. It outlines the new vocabulary of market jurisprudence and law and examines new legal thinking on rights protection with reference to widely ranging and often hot internal debate over human rights, property law and procedural or judicial justice.

Author : Ronald C. Keith
Publisher : Palgrave Macmillan
Page : 0 pages
File Size : 40,7 Mb
Release : 2001-01-01
Category : Political Science
ISBN : 1349415367

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Law and Justice in China's New Marketplace by Ronald C. Keith Pdf

Law and Justice in China's New Marketplace provides the first comprehensive multidisciplinary analysis of the jurisprudence and related law underlying the contemporary Chinese transition to the 'socialist market economy'. New 'pluralized jurisprudence' has moved beyond Marxist class analysis to consider a new balance of values relating to economic efficiency and social justice in the marketplace, and yet the interior debates and perspectives concerning these values are virtually unknown in the Western scholarly literature. By analysing the changing Chinese approach in law to the adjustment of social interests in the context of profound economic change , Law and Justice in China's New Marketplace provides a unique reference tool. It outlines the new vocabulary of market jurisprudence and law and examines new legal thinking on rights protection with reference to widely ranging and often hot internal debate over human rights, property law and procedural or judicial justice.

Author : Susan Trevaskes
Publisher : Lexington Books
Page : 244 pages
File Size : 53,9 Mb
Release : 2007
Category : Law
ISBN : 0739119885

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Courts and Criminal Justice in Contemporary China by Susan Trevaskes Pdf

This book considers 'law on display' in Chinese courts. As the first sustained study of criminal trials, rallies, and campaigns in Chinese courts, it offers an account of how law and punishment is constructed and represented both in practice and in rhetoric.

Author : Ling Zhou
Publisher : Bloomsbury Publishing
Page : 187 pages
File Size : 50,5 Mb
Release : 2020-05-14
Category : Law
ISBN : 9781509931071

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Access to Justice for the Chinese Consumer by Ling Zhou Pdf

This book offers a socio-legal exploration of localised consumer complaint processing and dispute resolution in the People's Republic of China – now the second largest consumer market in the world – and the experiences of both ordinary and 'professional' consumers. Drawing on detailed analysis of an impressive body of empirical data, this book highlights local Chinese understandings and practice styles of 'mediation', and identifies in popular consciousness a continuing sense of reliance on the government for securing consumer rights in China. These are not only important features of consumer dispute processing in themselves, but also help to to explain why no ombudsman system has emerged. This innovative book looks at the nature of China's distinctive dispute resolution and complaints system, issues within that system, and the experiences of consumers within it. The book illustrates the access to justice processes locally available to aggrieved consumers and provides a unique contribution to comparative consumer law studies in Asia and elsewhere.

Author : Ronald C. Keith,Zhiqiu Lin,Shumei Hou
Publisher : Routledge
Page : 248 pages
File Size : 41,5 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.

Author : Mattias Burell,Marina Svensson
Publisher : Cornell University Press
Page : 434 pages
File Size : 53,6 Mb
Release : 2011-04-30
Category : Law
ISBN : 9781942242543

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Making Law Work by Mattias Burell,Marina Svensson Pdf

Author : Björn Dressel
Publisher : Routledge
Page : 258 pages
File Size : 40,8 Mb
Release : 2012-05-31
Category : Social Science
ISBN : 9781136295881

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The Judicialization of Politics in Asia by Björn Dressel Pdf

Over the last two decades courts have become major players in the political landscape in Asia. This book assesses what is driving this apparent trend toward judicialization in the region. It looks at the variations within the judicialization trend, and how these variations affect political practice and policy outcomes. The book goes on to examine how this new trend is affecting aspects of the rule of law, democratic governance and state-society relations. It investigates how the experiences in Asia add to the debate on the judicialization of politics globally; in particular how judicial behaviour in Asia differs from that in the West, and the implications of the differences on the theoretical debate.

Author : He Tian,Yanbin Lv
Publisher : Springer Nature
Page : 249 pages
File Size : 46,9 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.

Author : Louis A. Knafla,Jonathan Swainger
Publisher : UBC Press
Page : 360 pages
File Size : 48,6 Mb
Release : 2006-07
Category : History
ISBN : 9780774811675

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Laws and Societies in the Canadian Prairie West, 1670-1940 by Louis A. Knafla,Jonathan Swainger Pdf

Laws and Societies in the Canadian Prairie West, 1670-1940 examines the legal history of the north-west frontier, from the earliest years of European-Native contact in the seventeenth century to the mid-1900s. Challenging myths about a peaceful west and prairie exceptionalism, the book explores the substance of prairie legal history and the degree to which the region's mentality is rooted in the historical experience of distinctive prairie peoples. The chapters, written by a cross-section of established and emerging scholars working in the allied fields of law, legal history, sociology, and criminology, focus on what is distinctive in prairie legal culture. By approaching the issue from a variety of perspectives -- those of colonial administrators, fur company employees, Native peoples, women, men, entrepreneurs, judges, magistrates, and the police, among others -- the authors find evidence of a conscious effort to apply broad, non-regional experiences to seemingly familiar, local issues. The ways in which prairie peoples perceived themselves and their relationships to a wider world were directly framed by notions of law and legal remedy shaped by the course and themes of prairie history. Legal history is not just about black letter law. It is also deeply concerned with the ways in which people affect and are affected by the law in their daily lives. By examining how central and important the law has been to individuals, communities, and societies in the Canadian Prairies, this book makes an original contribution. This collection will be of interest to students and scholars of Canadian history, legal history, sociology, and criminology, and anyone interested in the legal culture of the Canadian west from the frontier days to the present.

Author : Guofu Liu
Publisher : Martinus Nijhoff Publishers
Page : 449 pages
File Size : 55,9 Mb
Release : 2007
Category : Political Science
ISBN : 9789004156142

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The Right to Leave and Return and Chinese Migration Law by Guofu Liu Pdf

Although the Right to Leave and Return (RLR) is a fundamental human right, each State has the sovereign right to regulate RLR in accordance with its own laws. In the case of China, the country's communist political system has significantly affected the development of RLR and the country's approach to it. As a rule, China's approach is restrictive. As part of its reform and 'opening up' policies, China has embarked on a range of reforms to liberalise RLR, but the reforms lack cohesion and focus, and remain restrictive. Given its past and its complex social and economic conditions, China may have some justifications for its approach, but on balance, has more to gain from adopting a more liberal approach. The issue of RLR in China is crucial both for the future of China, and for development of RLR in the world. "The Right to Leave and Return (RLR) and Chinese Migration Law" provides a comprehensive and systematic review of the RLR in international and Chinese migration law. It has been written on the basis of Chinese statutes pertinent to the RLR, also of relevant international instruments and key cases. It investigates RLR in international migration law and practice; analyses RLR in the context of China, and identifies its driving factors; investigates the conditions and practical concerns relevant to the protection of RLR; and concludes with recommendations on how the Chinese regulatory regime governing RLR can be improved.

Author : John Gillespie,Pip Nicholson
Publisher : ANU E Press
Page : 354 pages
File Size : 53,8 Mb
Release : 2005-08-01
Category : Social Science
ISBN : 9781920942274

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Asian Socialism & Legal Change by John Gillespie,Pip Nicholson Pdf

The immense process of economic and social transformation currently underway in China and Vietnam is well known and extensively documented. However, less attention has been devoted to the process of Chinese and Vietnamese legal change which is nonetheless critical for the future politics, society and economy of these two countries. In a unique comparative approach that brings together indigenous and international experts, Asian Socialism and Legal Change analyzes recent developments in the legal sphere in China and Vietnam. This book presents the diversity and dynamism of this process in China and Vietnam-the impact of socialism, constitutionalism and Confucianism on legal development; responses to change among enterprises and educational and legal institutions; conflicts between change led centrally and locally; and international influences on domestic legal institutions. Core socialist ideas continue to shape society, but have been adapted to local contexts and needs, in some areas more radically than in others. This book is the first systematic analysis of legal change in transitional economies.

Author : Pitman B. Potter
Publisher : Stanford University Press
Page : 284 pages
File Size : 54,8 Mb
Release : 2003
Category : Law
ISBN : 0804745005

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From Leninist Discipline to Socialist Legalism by Pitman B. Potter Pdf

This is the first full-length study in English of Peng Zhen (1902-97), a revolutionary comrade of Mao Zedong and Deng Xiaoping, and an influential legal policymaker in China during both men’s regimes. As one of the chief architects of PRC law and legal institutions during the 1950s and again in the 1980s, Peng left an indelible mark on the present legal system of China. This book analyzes the evolution of Peng’s legal views from his days as a revolutionary in the 1930s and 1940s, through his participation in Communist rule during the 1950s, to his conflicts with Mao and his purge in 1966, and finally to his rehabilitation and resumption of legal reform activities in the 1980s and 1990s. Initially, Peng embraced Leninist notions of law and political authority. These ideas gradually evolved so that in the 1980s Peng advocated increased reliance on formal rules and procedures as mechanisms of governance.

Author : John Garrick
Publisher : Routledge
Page : 290 pages
File Size : 49,9 Mb
Release : 2012-05-04
Category : Law
ISBN : 9781136345012

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Law and Policy for China's Market Socialism by John Garrick Pdf

This edited volume presents fresh empirical research on the emerging outcomes of China’s law reforms. The chapters examine China’s ‘going out’ policy by addressing the ways in which the underpinning legal reforms enable China to pursue its core interests and broad international responsibilities as a rising power. The contributors consider China’s civil and commercial law reforms against the economic backdrop of an outflow of Chinese capital into strategic assets outside her own borders. This movement of capital has become an intriguing phenomenon for both ongoing economic reform and its largely unheralded underpinning law reforms. The contributors ask probing questions about doing business with China and highlight the astonishing escalation of China’s outbound foreign direct investment (OFDI). Law and Policy for China's Market Socialism includes contributions from leading China-law scholars and specialist practitioners from the People’s Republic of China, Hong Kong, the United States, the United Kingdom and other countries who all extend the examination of powerful influences on China’s law reforms into new areas. Given the forecast for the growth of China’s domestic market, those wishing to gain a better understanding and seeking success in the world's most dynamic marketplace will benefit greatly from reading this book. This book is essential reading for anyone interested in Chinese economics and business, Chinese Law, Chinese politics and commercial law.

Author : Elisa Nesossi,Susan Trevaskes
Publisher : BRILL
Page : 100 pages
File Size : 50,7 Mb
Release : 2018-09-04
Category : Political Science
ISBN : 9789004386389

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Procedural Justice and the Fair Trial in Contemporary Chinese Criminal Justice by Elisa Nesossi,Susan Trevaskes Pdf

This review examines the literature on procedural justice and the fair trial over the past two decades in the People’s Republic of China

Author : Perry Keller
Publisher : Routledge
Page : 0 pages
File Size : 44,8 Mb
Release : 2017-07-05
Category : Law
ISBN : 9781351560672

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Law and the Market Economy in China by Perry Keller Pdf

This volume concerns several aspects of China's changing market based economy. These include commercial contract enforcement, corporate structures, competition law and other issues related to China's membership in the WTO. In the past two decades, the rapid integration of China's economy into the global marketplace has created obligations and expectations of non-discrimination and regulatory transparency in domestic markets. The Chinese government has responded by demanding better governance within major companies, market sectors and public administration generally. However, as the articles in this volume show, it has struggled to find a corporate structure capable of absorbing external equity investment and participation but still amenable to direct and indirect state guidance. It has also moved cautiously in creating legal controls over unfair competition. Moreover, the protection of state owned enterprises, which serve as vehicles for domestic economic, social and political policy, has been a recurring issue in China's WTO trade disputes.