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Law and Social Solidarity in Contemporary China by Han Peng Pdf
This book adopts Durkheim’s legal perspective to treat law as a symbol of social solidarities to examine Chinese society. The work analyzes changes in the nature of social solidarity from observing changes in laws, thus drawing together western socio-legal theory and distinctive Chinese conditions. It draws on Durkheim’s theoretical framework and methodology to develop a more comprehensive understanding of the role of law using theories of others such as Habermas and by taking into account the discussion of power and the conflicts of interests in analyzing key social features during transition. The analysis of social anomie in terms of the changes of juridical rules as well as the changes in the nature of social solidarity provides an inspiring perspective to look into contemporary social problems. The book will be essential reading for researchers and academics working in the areas of socio-legal studies, legal theory and law and society in China.
By examining the reasons behind the preventive criminalization of Chinese criminal law, this book argues that the shift of criminal law generates popular expectations of legislative participation, and meets punitive demands of the public, but the expansion of criminal law lacks effective constraints, which will keep restricting people’s freedom in the future. The book is inspired by the eighth amendment of Chinese criminal law in 2011, which amended several penalties related to road, drug and environmental safety. It is on the eighth amendment that subsequent amendments have been based. The amendment stemmed from a series of nationally known incidents that triggered widespread public dissatisfaction with the Chinese criminal justice system. Based on John Kingdon’s theory of the multiple streams, the book explains the origins of the legislative process and its outcomes by examining the role of public opinion, policy experts and political actors in the making of Chinese criminal law. It argues that in authoritarian China, the prominence of risk control through criminal justice methods is a state response to uncertainties generated through reforms under the CCP’s leadership. The process of criminal lawmaking has become more responsive and inclusive than ever before, even though it remains a consultation with the elites within the framework set by the Chinese Communist Party (CCP), including representatives of the Lianghui, government ministries, academics and others. The process enhances the CCP’s legitimacy by not only generating popular expectations of legislative participation, but also by meeting the punitive demands of the public. The book will be of interest to academics and researchers in the areas of Chinese criminal law and comparative law.
Effective Environmental Regulation in China by Federico Pasini Pdf
Though recently improved, Chinese legislation on environmental permits is still weak and urgent measures are needed to help the country in moving towards an effective permitting system. This book examines this legislation gap and presents a contribution to solving China’s pollution problems. By analysing the deficiencies of current Chinese provisions on permitting in light of EU legislation, and its Italian application, the book determines which permitting legislative structure and approach China should embrace in practice in order to build more comprehensive legislation on emission permitting. It is argued that a set of ad hoc legislative measures should be implemented so as to strengthen China’s environmental protection and efficiently tackle pollution. The book will be a valuable resource for researchers, academics and policy-makers working in the areas of international environmental law and comparative law.
Environmental Protection, China and International Trade by Fengan Jiang Pdf
This book argues for a balanced approach to ‘greening’ the World Trade Organization (WTO) ban on China’s export duties without opening the floodgates to protectionism. As a result of the China—Raw Materials and China—Rare Earths decisions, China is largely prohibited from using export duties to address environmental problems, including those associated with climate change. This is despite a number of climate studies having suggested that Chinese export duties could be useful for reducing carbon leakage, an issue of international concern. This book puts the case for a more balanced approach. It shows that a harsh ban on China’s export duties constrains its policy space to protect the environment, particularly in the context of climate change. The work presents feasibility tests for various legal solutions that have been discussed for adjusting the ban, and it accordingly proposes a more feasible approach that would allow China to help protect the environment without advancing protectionism. The proposed legal option provides a less protectionist alternative to export duties, namely ‘export duties plus’: export duties in combination with supplementary restrictions on Chinese consumption. This analysis also yields insights regarding ways to correct WTO precedents, which suggests a moderate alternative response to an important issue behind the Appellate Body crisis. The book will be a valuable resource for academics, researchers and policymakers in the areas of International Trade Law, Environmental Law and China.
Disputes Resolution in Urban Communities in Contemporary China by Jieren Hu Pdf
This book explains the causes, process, and results of group disputes in urban communities (the empirical experiences from Shanghai) in China. It explores the means and characteristics of as well as the differences in conflict resolution in various forms of state–society relations, particularly the ways of dealing with and resolving disputes concerning mass incidents involving government interests in China’s current social transformation period. It also analyzes how people’s mediation organizations interact with the local government when managing and defusing collective disputes. Combining the relevant theories and five conflict resolution measurement models created by Blake and Mouton (1964), this book explains the current interaction model and cooperation mechanism between the state and social organizations in China. To do so, it examines the role of the Lin Le People’s Mediation Workroom in dealing with community collective disputes and the respective action strategies and constraints. The book argues that the current state–social relations in China are not centered on society or the state, but on “state-led social pluralism.”
Routledge Handbook of Constitutional Law in Greater China by Ngoc Son Bui,Stuart Hargreaves,Ryan Mitchell Pdf
The Handbook of Constitutional Law in Greater China surveys important issues of constitutional law in Mainland China, Hong Kong, Macau, and Taiwan. It synthesizes existing scholarship, debates, and views on important constitutional issues in the four jurisdictions. Written by a range of scholars, it contributes to both national and comparative scholarship on constitutional law in these jurisdictions. The book includes four parts: Part I: History. This part explores the constitutional movement of the Qing dynasty; constitutional projects in modern China; and aspects of the drafting and implementation history of the Hong Kong and Macau Basic Laws Part II: Structure. This part discusses the relationship between the party-state and the Chinese constitutional order; Chinese constitutionalism; constitutional aspects of city development under the SAR concept; constitutional review in Mainland China; a history of Taiwan’s ‘Council of Grand Justices’; and judicial review in both Hong Kong and Macau Part III: Rights, Society, and Economy. This part deals with Hong Kong’s National Security Law and its impact on the ‘one country, two systems model’; social movements and constitutionalism; LGBT rights advocacy; the integration of capitalist regions within socialist China; the constitutional relevance of labour reforms in Mainland China; healthcare rights in both the Mainland and the SARS; and foreign investment under Art. 18 of the PRC Constitution Part IV: Transnational Engagement. This part surveys comparative writings on China’s constitution; the influence of international human rights treaties on China’s constitutional order; the international dimension of Hong Kong’s constitutional order; and the changing role of the ‘overseas judges’ in Hong Kong Exploring both historical and cutting-edge constitutional issues, this reference book is important reading for law researchers, lawyers, graduate students, undergraduates, and practitioners in the field of constitutional law and politics in Mainland China, Taiwan, Hong Kong, and Macau.
The Politics of Law and Stability in China by Susan Trevaskes,Elisa Nesossi,Flora Sapio,Sarah Biddulph Pdf
The Politics of Law and Stability in China examines the nexus between social stability and the law in contemporary China. It explores the impact of Chinese Communist Partyês (CCP) rationales for social stability on legal reforms, criminal justice opera
In Right, Power, and Faquanism, Tong Zhiwei proposes that right and power are ultimately a unified entity named faquan, and that the purpose of law should be to establish a balanced faquan structure and to promote its preservation and proliferation.
Punishment in contemporary China has experienced dramatic shifts over the last seven decades or so. This book focuses on the evolution, development and change of punishment in the Maoist (1949-1977), reform (1978-2001) and post-reform eras (2002-) of China to understand the shaping and transformation of punishment within the context of a range of socio-cultural changes across different historical periods. It aims to fill the gap of existing research by developing a distinctive theoretical framework for the China’s penality, exploring it as a separate and complex legal-social system to observe the impact social foundations, political-economic genesis, cultural significance and meanings have exerted on penal form, discourse and force in contemporary China. It sheds light on the sociology of punishment in this socialist Party-state by investigating law reform, penal policy, social control, crime prevention and sentencing as interconnected elements in the criminal justice and penal system. This book will be of great interest to those who study Chinese criminal law, penal and policing system, as well as to law academics, criminologists and sociologists whose research interests lie in the fields of comparative criminology and criminal justice.
This dissertation, "Social Movements and the Law in Contemporary China: a Comparative Perspective" by Han, Zhu, 朱含, was obtained from The University of Hong Kong (Pokfulam, Hong Kong) and is being sold pursuant to Creative Commons: Attribution 3.0 Hong Kong License. The content of this dissertation has not been altered in any way. We have altered the formatting in order to facilitate the ease of printing and reading of the dissertation. All rights not granted by the above license are retained by the author. Abstract: In the past three decades, China has witnessed the emergence of new social movements, particularly the weiquan movements, which took place simultaneously with legally significant developments. In contrast to their counterparts in democratic countries, social movements in China have emerged in a legal environment characterized by a thin rule of law with a low level of liberal political morality. Against this background, this thesis explores the interaction between social movements and the law in contemporary China, and with reference to the experience of Taiwan and South Korea during their authoritarian periods and transitions to democracy. By applying the political opportunity and the resource mobilization theories of social movements to the field of law, this thesis analyzes the opportunities and constraints embedded in the legal structure of China that encourage or discourage social movements, and it also examines how rights advocates organize and mobilize legal resources for social campaigns given the existing legal opportunities and constraints. This thesis first surveys the developmental trajectories of social movements and the legal structure in China, Taiwan and South Korea under different constitutional modes. Then, following the rights support structure approach put forth by Charles Epp, the thesis is organized into three main components, with focus on rights lawyers, rights NGOs, and their legal mobilization (primarily strategic litigation and citizen petition). Generally speaking, the findings of this research show that social movements and the law have interactive impacts on each other in contemporary China. The law has played a Janus-like role in social movements in China by both facilitating and restricting the mobilization of social movements. On the other hand, social movements have sought to steer the thin rule of law in China toward the direction of greater protection of human rights and more constraint on the power of the state. However, the interactions between social movements and the law show that it is hardly possible to achieve a full-fledged thin rule of law without a parallel development of liberal political morality. Although legal development in China has provided some room for legal mobilization in social movements, the party-state and its legal structure prevents the escalation of social movements in China to a higher level of mobilization and politicization, in comparison with their counterparts in Taiwan and South Korea during their authoritarian periods. The rights support structure in the civil society of China hardly has any external partners from political society in promoting greater public mobilization. Based on a comparative study, the research casts doubts on the hypothetical sequence of the development of the rule of law to democratization. This study is significant in several aspects. First, it enriches the studies on social movements and the law in authoritarian societies. Second, it contributes to a better understanding of the rule of law under the party-state authoritarianism of China. Third, the comparative study helps to provide a better understanding of the different types of authoritarianism and relevant constitutional and legal practices, especially party-state authoritarianism. The study shows the peculiarities of the legal complex in the party-state context of China, which can be distinguished from that in other types of authoritar
Popular Politics and the Quest for Justice in Contemporary China by Susanne Brandtstädter Pdf
Cover -- Title -- Copyright -- Contents -- List of contributors -- Acknowledgements -- Introduction - Judging the state: emerging publics and the quest for justice in contemporary China -- 1 'Battles over green space': land disputes, rights activism, and emerging publics in urban China -- 2 Making personal life political: political trajectories of everyday conversations in China's online communities -- 3 Marginalizing the law: corporate social responsibility, worker hotlines and the shifting grounds of rights consciousness in contemporary China -- 4 Judging publics and contested exclusion: the moral economy of citizenship in China -- 5 Policy documents: imaginations of the state and the struggle for justice in a Chinese land-losing village -- 6 Fighting for one's life: the making and unmaking of public goods in the Yunnanese countryside -- 7 Public Buddhist philosophy: civic engagement and discursive space among a religious group in Shanghai -- 8 Concealing and revealing senses of justice in rural China -- A brief afterword -- Index.
Social Movements and the Law in Contemporary China by Han Zhu Pdf
This dissertation, "Social Movements and the Law in Contemporary China: a Comparative Perspective" by Han, Zhu, 朱含, was obtained from The University of Hong Kong (Pokfulam, Hong Kong) and is being sold pursuant to Creative Commons: Attribution 3.0 Hong Kong License. The content of this dissertation has not been altered in any way. We have altered the formatting in order to facilitate the ease of printing and reading of the dissertation. All rights not granted by the above license are retained by the author. Abstract: In the past three decades, China has witnessed the emergence of new social movements, particularly the weiquan movements, which took place simultaneously with legally significant developments. In contrast to their counterparts in democratic countries, social movements in China have emerged in a legal environment characterized by a thin rule of law with a low level of liberal political morality. Against this background, this thesis explores the interaction between social movements and the law in contemporary China, and with reference to the experience of Taiwan and South Korea during their authoritarian periods and transitions to democracy. By applying the political opportunity and the resource mobilization theories of social movements to the field of law, this thesis analyzes the opportunities and constraints embedded in the legal structure of China that encourage or discourage social movements, and it also examines how rights advocates organize and mobilize legal resources for social campaigns given the existing legal opportunities and constraints. This thesis first surveys the developmental trajectories of social movements and the legal structure in China, Taiwan and South Korea under different constitutional modes. Then, following the rights support structure approach put forth by Charles Epp, the thesis is organized into three main components, with focus on rights lawyers, rights NGOs, and their legal mobilization (primarily strategic litigation and citizen petition). Generally speaking, the findings of this research show that social movements and the law have interactive impacts on each other in contemporary China. The law has played a Janus-like role in social movements in China by both facilitating and restricting the mobilization of social movements. On the other hand, social movements have sought to steer the thin rule of law in China toward the direction of greater protection of human rights and more constraint on the power of the state. However, the interactions between social movements and the law show that it is hardly possible to achieve a full-fledged thin rule of law without a parallel development of liberal political morality. Although legal development in China has provided some room for legal mobilization in social movements, the party-state and its legal structure prevents the escalation of social movements in China to a higher level of mobilization and politicization, in comparison with their counterparts in Taiwan and South Korea during their authoritarian periods. The rights support structure in the civil society of China hardly has any external partners from political society in promoting greater public mobilization. Based on a comparative study, the research casts doubts on the hypothetical sequence of the development of the rule of law to democratization. This study is significant in several aspects. First, it enriches the studies on social movements and the law in authoritarian societies. Second, it contributes to a better understanding of the rule of law under the party-state authoritarianism of China. Third, the comparative study helps to provide a better understanding of the different types of authoritarianism and relevant constitutional and legal practices, especially party-state authoritarianism. The study shows the peculiarities of the legal complex in the party-state context of China, which can be distinguished from that in other types of authoritar