Download or read book Engaging the Law in China written by Neil Jeffrey Diamant and published by Stanford University Press. This book was released on 2005 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores legal mobilization, culture, and institutions in contemporary China from a perspective informed by 'law and society' scholarship.
Download or read book The Rise of China and International Law written by Congyan Cai and published by Oxford University Press. This book was released on 2019-09-10 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rise of China signals a new chapter in international relations. How China interacts with the international legal order--namely, how China utilizes international law to facilitate and justify its rise and how international law is relied upon to engage a rising China--has invited growing debate among academics and those in policy circles. Two recent events, the South China Sea Arbitration and the US-China trade war, have deepened tensions. This book, for the first time, provides a systematic and critical elaboration of the interplay between a rising China and international law. Several crucial questions are broached. These include: How has China adjusted its international legal policies as China's state identity changes over time, especially as it becomes a formidable power? Which methodologies has China adopted to comply with international law and, in particular, to achieve its new legal strategy of norm entrepreneurship? How does China organize its domestic institutions to engage international law in order to further its ascendance? How does China use international law at a national level (in the Chinese courts) and at an international level (for example, lawfare in international dispute settlement)? And finally, how should "Chinese exceptionalism" be understood? This book contributes significantly to the burgeoning and highly relevant scholarship on China and international law.
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 Engaging the Law in China written by and published by Stanford University Press. This book was released on 2005-02-04 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores legal mobilization, culture, and institutions in contemporary China from a perspective informed by 'law and society' scholarship.
Download or read book The Futility of Law and Development written by Jedidiah J. Kroncke and published by Oxford University Press. This book was released on 2016-01-18 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: For all the attention paid to the Founder Fathers in contemporary American debates, it has almost been wholly forgotten how deeply they embraced an ambitious and intellectually profound valuation of foreign legal experience. Jedidiah Kroncke uses the Founders' serious engagement with, and often admiration for, Chinese law in the Revolutionary era to begin his history of how America lost this Founding commitment to legal cosmopolitanism and developed a contemporary legal culture both parochial in its resistance to engaging foreign legal experience and universalist in its messianic desire to export American law abroad. Kroncke reveals how the under-appreciated, but central role of Sino-American relations in this decline over two centuries, significantly reshaped in the early 20th century as American lawyer-missionaries helped inspire the first modern projects of American humanitarian internationalism through legal development. Often forgotten today after the rise of the Chinese Communist Party in 1949, the Sino-American relationship in the early 20th century was a key crucible for articulating this vision as Americans first imagined waves of Americanization abroad in the wake of China's 1911 Republican revolution. Drawing in historical threads from religious, legal and foreign policy work, the book demonstrates how American comparative law ultimately became a marginalized practice in this process. The marginalization belies its central place in earlier eras of American political and legal reform. In doing so, the book reveals how the cosmopolitan dynamism so prevalent at the Founding is a lost virtue that today comprises a serious challenge to American legal culture and its capacity for legal innovation in the face of an increasingly competitive and multi-polar 21st century. Once again, America's relationship with China presents a critical opportunity to recapture this lost virtue and stimulate the searching cosmopolitanism that helped forge the original foundations of American democracy.
Download or read book The Rise of China and International Law written by Congyan Cai and published by Oxford University Press. This book was released on 2019-09-10 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rise of China signals a new chapter in international relations. How China interacts with the international legal order--namely, how China utilizes international law to facilitate and justify its rise and how international law is relied upon to engage a rising China--has invited growing debate among academics and those in policy circles. Two recent events, the South China Sea Arbitration and the US-China trade war, have deepened tensions. This book, for the first time, provides a systematic and critical elaboration of the interplay between a rising China and international law. Several crucial questions are broached. These include: How has China adjusted its international legal policies as China's state identity changes over time, especially as it becomes a formidable power? Which methodologies has China adopted to comply with international law and, in particular, to achieve its new legal strategy of norm entrepreneurship? How does China organize its domestic institutions to engage international law in order to further its ascendance? How does China use international law at a national level (in the Chinese courts) and at an international level (for example, lawfare in international dispute settlement)? And finally, how should "Chinese exceptionalism" be understood? This book contributes significantly to the burgeoning and highly relevant scholarship on China and international law.
Download or read book Chinese Commercial Law written by Maarten Roos and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rapid and continuing development of the Chinese economy and its markets has made business with China an integral component of the strategies of countless foreign companies, regardless of their size or form. However, in order to turn opportunities into successful enterprises, managers need a practical guide on the legal aspects of conducting business in China, and on the strategies for effectively circumventing unnecessary risks while simultaneously using the legal system to strengthen operations and protect interests. This remarkable book provides the necessary insight and guidance to devise a corporate strategy, and to tackle issues relating to common aspects of doing business with Chinese counterparts, investing in a Chinese enterprise, and engaging in business operations there. Drawing on expertise gained during eight years in China serving the legal needs of foreign companies, the author shows how many of the mistakes that foreign companies make can easily be avoided by conducting a proper due diligence and understanding how applicable laws work in practice. He clearly describes the opportunities and pitfalls exposed as a foreign investor engages with such elements of business in China as the following: negotiating a detailed written contract; performing a legal and commercial due diligence on a prospective partner; resolving disputes through negotiation, arbitration or litigation; establishing and enforcing trademarks, patents and other intellectual property rights; investing in China; considering the joint venture structure; expanding through a merger or acquisition; restructuring or liquidating an operation; designing and implementing effective corporate governance; retaining, managing and terminating employees; arranging funds into and out of China; ensuring both tax efficiency and tax compliance; and avoiding criminal liabilities in the course of doing business. Whether seeking to source from China or to establish manufacturing facilities in China to produce for export, to sell products or services on the domestic market, or even just to act as a conduit between China and the outside world, business managers and their counsel from all over the globe and across all industries will benefit enormously from this deeply informed, insightful, and practical guide
Download or read book Law and the Party in China written by Rogier J. E. H. Creemers and published by Cambridge University Press. This book was released on 2022-07-28 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the Xi Jinping era, it has become clear that the rule of law, as understood in the West, will not appear in China soon. But was this ever a likely option? This book argues China's legal system needs to be studied from an internal perspective, to take into account the characteristic architecture of China's Party-state. To do so, it addresses two key elements: ideology and organisation. Part One of the book discusses ideology and the law, exploring how the Chinese Communist Party conceives of the nature of law and its position within its broader range of policy tools. Part Two, on organisation and the law, reviews how these ideological principles manifest themselves in the application of law, as well as the reform of the Party-state. As such, it highlights how the Party's plans and approaches run counter to mainstream theoretical expectations, and advocates a greater attention to the inherent logic of the system itself.
Download or read book Chinese Legal Reform and the Global Legal Order written by Yun Zhao and published by Cambridge University Press. This book was released on 2017-11-09 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume critically evaluates the latest legal reform of China, covering major areas such as trade and securities law, online privacy law, criminal law, human rights and international law. It represents a bold departure from the most recent works on Chinese legal reform by engaging the ideas of experts in contemporary Chinese law with the archival scholarship of Chinese legal historians. This unique interdisciplinary feature affords readers a more nuanced view of the complexities and specificities of how China has problematised legal reforms in various historical contexts when building a progressive yet sustainable legal system. This volume appraises the most current reform in Chinese law by considering China's engagement with globalisation, increasingly complicated domestic situation and historical legal transplantation experiences. It will be of huge interest to students, researchers and practitioners interested in Chinese law and policy, China and Asian studies and Chinese legal history.
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 Implementation of Law in the People s Republic of China written by Jianfu Chen and published by Martinus Nijhoff Publishers. This book was released on 2002-05-29 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: Factors: Jan Michiel Otto.
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 Chinese Perspectives on the International Rule of Law written by Matthieu Burnay and published by Edward Elgar Publishing. This book was released on 2018-07-27 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Defending Your Rights A Practical Guide to Chinese Criminal Law written by Jiang Jing (Sean) and published by Hong Kong Lawyers Association Press 香港律师协会出版社. This book was released on 2024-06-26 with total page 83 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Book is an essential resource that demystifies the Chinese criminal justice system authored by Guo Huan Law Firm and its lawyers team. It is a comprehensive manual that provides readers with an in-depth understanding of the rights and protections afforded to individuals under Chinese law. Key features of this guide include: Fundamental Principles: An exploration of the core principles that underpin Chinese criminal law, including the presumption of innocence and the right to a fair trial. Criminal Procedures: A detailed walkthrough of the stages of criminal proceedings, from investigation and arrest to trial and appeal. Rights of the Accused: A clear explanation of the rights of individuals accused of a crime, including the right to legal representation and to remain silent. Defense Strategies: Practical advice on building a robust defense, including the collection of evidence and the cross-examination of witnesses. Sentencing and Penalties: An overview of the sentencing process and the types of penalties that may be imposed under Chinese law. Rehabilitation and Reintegration: Insights into the mechanisms for rehabilitation and reintegration of offenders into society after serving their sentences. Legal Reforms and Trends: An analysis of recent legal reforms and ongoing trends in Chinese criminal law, highlighting areas of development and potential for future change. This book is written with the intent to serve as a reliable companion for anyone seeking to understand or engage with Chinese criminal law. It is a practical guide that combines legal expertise with a commitment to upholding the rights of the individual. "Defending Your Rights" is not just a book; it is a champion for justice and a defender of rights in the complex landscape of Chinese criminal law.
Download or read book The Legal Environment and Risks for Foreign Investment in China written by Shoushuang Li and published by Springer Science & Business Media. This book was released on 2007-03-08 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Chinese market is appealing, but its legal environment is very complicated and full of nooses that await investors. This book intends to provide an in-depth analysis of the legal environment and its hidden risks for foreign investment. It covers two basic investment modes which are green-field and M and A, and almost all concrete legal issues including political risk, tax, land use rights, labor etc. Among them, three chapters focus on the legal system and its risks for the foreign investment in three special industries as private education, water market and insurance. The detailed analysis is based on the newest laws and regulations.
Download or read book Introduction to chinese law written by Wang Chenguang and published by . This book was released on 1997 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Chinese Antitrust Exceptionalism written by Angela Zhang and published by Oxford University Press. This book was released on 2021-02-08 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: China's rise as an economic superpower has caused growing anxieties in the West. Europe is now applying stricter scrutiny over takeovers by Chinese state-owned giants, while the United States is imposing aggressive sanctions on leading Chinese technology firms such as Huawei, TikTok, and WeChat. Given the escalating geopolitical tensions between China and the West, are there any hopeful prospects for economic globalization? In her compelling new book Chinese Antitrust Exceptionalism, Angela Zhang examines the most important and least understood tactic that China can deploy to counter western sanctions: antitrust law. Zhang reveals how China has transformed antitrust law into a powerful economic weapon, supplying theory and case studies to explain its strategic application over the course of the Sino-US tech war. Zhang also exposes the vast administrative discretion possessed by the Chinese government, showing how agencies can leverage the media to push forward aggressive enforcement. She further dives into the bureaucratic politics that spurred China's antitrust regulation, providing an incisive analysis of how divergent missions, cultures, and structures of agencies have shaped regulatory outcomes. More than a legal analysis, Zhang offers a political and economic study of our contemporary moment. She demonstrates that Chinese exceptionalism-as manifested in the way China regulates and is regulated, is reshaping global regulation and that future cooperation relies on the West comprehending Chinese idiosyncrasies and China achieving greater transparency through integration with its Western rivals.
