Download or read book China s Legal Reforms and Their Political Limits written by Ingrid Hooghe and published by Routledge. This book was released on 2012-12-06 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents new insights into recent changes in China's legal framework in areas crucial to the modernisation process. Topics include law reform to accommodate foreign interests and convert China to a market economy, the judicial system and its treatment of human rights issues, the introduction of non-tariff barriers for foreign companies, and the current privatisation process.
Download or read book The Logic and Limits of Political Reform in China written by Joseph Fewsmith and published by Cambridge University Press. This book was released on 2013-02-18 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the 1990s China embarked on a series of political reforms intended to increase, however modestly, political participation to reduce the abuse of power by local officials. Although there was initial progress, these reforms have largely stalled and, in many cases, gone backward. If there were sufficient incentives to inaugurate reform, why wasn't there enough momentum to continue and deepen them? This book approaches this question by looking at a number of promising reforms, understanding the incentives of officials at different levels, and the way the Chinese Communist Party operates at the local level. The short answer is that the sort of reforms necessary to make local officials more responsible to the citizens they govern cut too deeply into the organizational structure of the party.
Download or read book The Limits of the Rule of Law in China written by Karen G. Turner and published by University of Washington Press. This book was released on 2015-05-01 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Limits of the Rule of Law in China, fourteen authors from different academic disciplines reflect on questions that have troubled Chinese and Western scholars of jurisprudence since classical times. Using data from the early 19th century through the contemporary period, they analyze how tension between formal laws and discretionary judgment is discussed and manifested in the Chinese context. The contributions cover a wide range of topics, from interpreting the rationale for and legacy of Qing practices of collective punishment, confession at trial, and bureaucratic supervision to assessing the political and cultural forces that continue to limit the authority of formal legal institutions in the People’s Republic of China.
Download or read book China s Legal Reform written by Keyuan Zou and published by Martinus Nijhoff Publishers. This book was released on 2006 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book China s Long March Toward Rule of Law written by Randall Peerenboom and published by Cambridge University Press. This book was released on 2002-09-26 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Politics of Law and Stability in China written by Susan Trevaskes and published by Edward Elgar Publishing. This book was released on 2014-07-31 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Bird in a Cage written by Stanley B. Lubman and published by Stanford University Press. This book was released on 1999 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Domestic Law Reforms in Post Mao China written by Pitman B. Potter and published by Routledge. This book was released on 2019-07-12 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book China s Struggle for the Rule of Law written by Ronald C. Keith and published by Springer. This book was released on 2016-07-27 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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'.
Download or read book Modern Chinese Legal Reform written by Xiaobing Li and published by University Press of Kentucky. This book was released on 2013-02-15 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Law Wealth and Power in China written by John Garrick and published by Routledge. This book was released on 2010-10-04 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the law reforms of contemporary China in light of the Party-state’s ideological transformation and the political economy that shapes these reforms. This involves analysing three interrelated domains: law reform, power and wealth. The contributors to this volume employ a variety of perspectives and analytical techniques in their discussion of key themes including: commercial law reform and its governance of wealth and regulation of economic activity; the influence and authority of the Party-state over China’s economic activity; and the influence of wealth and the wealthy in economic governance and legal reform. Utilizing an interdisciplinary approach, this book presents analytical perspectives of new work, or new lines of thinking about the new wealth, power and law reforms of China. As such, critical boundaries are explored between legal and financial reforms and what these reforms signify about deeper ideological, economic, social and cultural transformations in China. The book concludes by asking whether there is a ‘China model’ of development which will produce a unique variety of capitalism and indigenous variant of rule of law, and examining the ‘winners and losers’ in the transition from a centrally planned economy to a market economy. Law, Wealth and Power in China will be of interest to students and academics of comparative law, Asian law, Chinese economics and politics, Chinese Studies, as well as professionals in investment banking, finance and government.
Download or read book The Chinese Legal System written by Pitman B. Potter and published by Routledge. This book was released on 2005-07-08 with total page 571 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legal system of the People's Republic of China has seen significant changes since legal reforms began in 1978. At the end of the second decade of legal reform, law-making and institution-building have reached impressive levels. Understanding the operation and possible futures of law in the People's Republic of China requires an appreciation of the normative influences on the system, as well as an examination of how these norms have worked in practice.
Download or read book China s Legal Reforms and Their Political Limits written by Ingrid Hooghe and published by Routledge. This book was released on 2012-12-06 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents new insights into recent changes in China's legal framework in areas crucial to the modernisation process. Topics include law reform to accommodate foreign interests and convert China to a market economy, the judicial system and its treatment of human rights issues, the introduction of non-tariff barriers for foreign companies, and the current privatisation process.
Download or read book Collective Democracy written by Zhiyu Shi and published by Chinese University Press. This book was released on 1999 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chinese democracy is collective democracy, argues Chi-yu Shih in Collective Democracy. Democratization in China does not purport to enhance individual human rights; rather, it aims to preserve and promote a sense of community. Democratization is both an assurance that no one will be left alone in the process of development and reform, and an attempt to avoid the building of self-centered boundaries by social members. Consequently, elections for people's deputies, officials, and village directors serve to consolidate the appearance of social consensus. In the nascent Chinese democracy, contends the author, the stress on human relations and the institutionalization of collective interests provide a potentially effective check on the historically familiar abuse of power.
Download or read book Modern Chinese Legal Reform written by Qiang Fang and published by . This book was released on 2011 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book China s Legal Reforms written by Stanley B. Lubman and published by Oxford University Press, USA. This book was released on 1996 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the early 1980s, the People's Republic of China has been building legal institutions where no meaningful ones had existed before. This collection of essays by leading international scholars of Chinese law analyses the accomplishments of Chinese law reform and the problems that confrontthe Chinese leadership and the Chinese people in their struggle to define the role of law in China. Chinese economic reforms have led to a dramatic rate of economic growth, and have also made China the world's leader in attracting foreign capital. A sound legal system is not only essential forcontinued economic growth and foreign investment, but its future development will express and reflect the evolution of China's post-totalitarian political institutions.These essays focus on the changing Chinese conceptions of the role of law in shaping family relationships; the effectiveness of the courts in civil litigation; the operation of the criminal process; judicial decision-making; the evolution of a legislative process; the growth of a legal profession;the legal framework of foreign direct investment in China; and China's record as a member of the international community. An overview by the editor identifies the emerging functions performed in Chinese society by the new legal institutions and tries to analyse likely major influences on them in thenear future, including, among other contradictory forces, increased consciousness of individual rights and a tenacious insistence by the Chinese Communist Party on maintaining its power.
Download or read book Democracy and the Rule of Law in China written by Keping Yu and published by BRILL. This book was released on 2010-05-20 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democracy and the Rule of Law in China is intended to make available to English-language readers debates among prominent Chinese intellectuals and academics over issues of political, constitutional, and legal reform; modes of governance in urban and rural China; and culture and cultural policy. China’s unprecedented economic development following the implementation of the Reform and Opening policy has drawn widespread international attention; yet accompanying political developments have been largely overlooked. A compilation of the works of twelve contemporary Chinese scholars, this book offers unique insights into the wealth of viewpoints and diversity of issues influencing and defining the development of democracy and the rule of law in China. Based on theoretical and practical analyses of China’s political development to date, the authors propose specific models for the expansion of democratic mechanisms already present in the current political structure. Exploring topics ranging from autonomous village governance and grassroots elections to constitutional reform and judicial independence, the authors are unified on one point: China’s political development must pursue a gradual, distinctly-Chinese course in order to promote social stability, continued economic advancement, and the establishment of a socialist democratic society.
