The Chinese Path Of Rule Of Law Construction

Author : He Tian,Yanbin Lv
Publisher : Springer Nature
Page : 249 pages
File Size : 49,5 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 : Lin Li
Publisher : Springer
Page : 311 pages
File Size : 40,9 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.

Author : Xiaobo Dong
Publisher : Springer Nature
Page : 141 pages
File Size : 48,5 Mb
Release : 2024-05-22
Category : Electronic
ISBN : 9789819723133

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Chinese Rule of Law Path and Cultivation of Foreign-Related Rule of Law Talents by Xiaobo Dong Pdf

Author : Weidong Ji
Publisher : Routledge
Page : 399 pages
File Size : 44,7 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.

Author : Quanxi Gao,Wei Zhang,Feilong Tian
Publisher : Springer
Page : 150 pages
File Size : 41,5 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.

Author : Lin Li,He Tian,Yanbin Lv
Publisher : Springer
Page : 275 pages
File Size : 50,9 Mb
Release : 2019-07-30
Category : Law
ISBN : 9789811365416

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Rule of Law in China by Lin Li,He Tian,Yanbin Lv Pdf

This volume summarizes the achievements on rule of law in China for the ten years from 2002 to 2012, particularly focusing on areas such as judicial review, anti-monopoly, reform of government agencies, the circulation of rural Land contracted management rights, and the protection of children’s rights. It also considers the prospects for rule of law in China in the future. With numerous tables and screenshots to illustrate the text and provide a comprehensive overview and insights into China’s rule of law establishment, it appeals to readers interested in judicial reform, rural medical service, children’s rights protection and anti-monopoly.

Author : Lin Li
Publisher : World Scientific
Page : 496 pages
File Size : 41,5 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.

Author : He Tian,Yanbin Lv,Xiaomei Wang
Publisher : Springer Nature
Page : 364 pages
File Size : 47,7 Mb
Release : 2023-07-02
Category : Law
ISBN : 9789811995972

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Report on the Rule of Law Index in China 2 by He Tian,Yanbin Lv,Xiaomei Wang Pdf

This book reviews and assesses the status quo concerning the rule of law in China in 2017 and predicts its future development in such fields as legislation, judicial reform, civil, commercial and economic law, social law, safeguarding of human rights, criminality, Internet finance, the securities market, pilot free trade zones, administrative public interest litigation, regulation of investment management business, and AI. The book consists of a series of reports on the assessment of rule of law carried out by the Innovation Project Team on the Rule of Law Index at the Institute of Law, Chinese Academy of Social Sciences. Drawing on data from web portals and using the methods of browsing websites and verifying results through phone calls, the book includes assessment reports on the government transparency of 54 departments under the State Council and the governments of 31 provinces (autonomous regions and municipalities directly under the Central Government), 49 larger cities, and 100 counties (cities and districts). In addition, reports are provided on the judicial transparency of the Supreme People’s Court, 31 higher people’s courts, and the intermediate people’s courts of 49 larger cities, the procuratorial transparency of the Supreme People’s Procuratorate and people’s procuratorates of 31 provinces (autonomous regions and municipalities directly under the Central Government) and 49 larger cities, as well as the maritime judicial transparency of 10 maritime courts in the country. The book also includes reports on disclosure of information and transparency in the public security organs of four municipalities directly under the Central Government and 27 provincial (autonomous regional) capitals. Given its scope, the book offers a valuable asset for legal scholars, lawyers, judges, prosecutors, graduate and undergraduate students, and all those who are interested in Chinese law and the country’s rule of law index.

Author : Weifang He
Publisher : Brookings Institution Press
Page : 324 pages
File Size : 47,7 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

Author : Lin Li
Publisher : Elsevier
Page : 352 pages
File Size : 40,5 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

Author : Weidong Ji
Publisher : Routledge
Page : 202 pages
File Size : 50,9 Mb
Release : 2017-12-12
Category : Law
ISBN : 9781351613088

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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 elucidates some of the most critical problems in the process of constructing a legal order and realizing institutional innovation in China: democracy, fair and reasonable procedure, interpretation techniques, cognitive ability of legislation, position and function of the jurist group, and professional ethics, etc. Besides, it expounds five pairs of contradictions in the modernization process of Chinese legal system, namely, substantial and procedural justice, moral and legal debates, formal and reflective rationality, the major responsibility on bureaucrats and lawyers, and the motivation of public welfare and profit, and explores appropriate approaches to combine the different factors. 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.

Author : Lin Li,He Tian,Yanbin Lv
Publisher : Springer
Page : 284 pages
File Size : 53,9 Mb
Release : 2018-11-23
Category : Law
ISBN : 9789811069079

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China’s Rule of Law Index 2017 by Lin Li,He Tian,Yanbin Lv Pdf

This book investigates and evaluates the indexes of Government Transparency, Judicial Transparency, Procuratorial Transparency, and Legislation by Local People’s Congresses in China. It explores a representative case study on the Rule of Law in Yuhang District of Hangzhou City, assesses the progress made and remaining problems in the implementation of these systems, and puts forward suggestions on how they could be improved in the future.

Author : Matthieu Burnay
Publisher : Edward Elgar Publishing
Page : 336 pages
File Size : 44,7 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.

Author : Huaide Ma,Jingbo Wang
Publisher : Springer
Page : 214 pages
File Size : 49,7 Mb
Release : 2018-11-07
Category : Law
ISBN : 9789811309991

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Building a Government Based on the Rule of Law by Huaide Ma,Jingbo Wang Pdf

This book offers a comprehensive assessment of the successes and failures in China’s current legal system construction. It systematically and comprehensively examines the development of China’s rule of law policy since the reform and opening up, as well as future trends. The main areas covered include: The course, achievements and motivation behind China’s construction of law-based administration; Development, status quo and general characteristics of administrative legislation; Reform of the administrative examination and approval system and the administrative licensing system; The relationship between social security system reform, beneficial administration and service government; The development of administrative law in China; Origin of the concept of due process, experiences with and development trends concerning China’s administrative legislative procedure; The importance of government information, open practices, problems and development trend; History, current situation, reform mechanism of the emergency management system and the improvement of the legal system for emergency requisitions; The course, practical problems in and reasons for the enhanced approach of administrative reconsideration system; The course, achievements in, current situation and enhanced approach of administrative litigation system; The course of the national compensation system; and the construction of responsible government and administrative accountability system.

Author : Huawen Liu
Publisher : Springer Nature
Page : 233 pages
File Size : 52,8 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.