Download or read book Judicial Independence in China written by Randall Peerenboom and published by Cambridge University Press. This book was released on 2009-11-23 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume challenges the conventional wisdom about judicial independence in China and its relationship to economic growth, rule of law, human rights protection, and democracy. The volume adopts an interdisciplinary approach that places China's judicial reforms and the struggle to enhance the professionalism, authority, and independence of the judiciary within a broader comparative and developmental framework. Contributors debate the merits of international best practices and their applicability to China; provide new theoretical perspectives and empirical studies; and discuss civil, criminal, and administrative cases in urban and rural courts. This volume contributes to several fields, including law and development and the promotion of rule of law and good governance, globalization studies, neo-institutionalism and studies of the judiciary, the emerging literature on judicial reforms in authoritarian regimes, Asian legal studies, and comparative law more generally.
Download or read book In the Name of Justice written by Weifang He and published by Brookings Institution Press. This book was released on 2012-11-05 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Tradition of the Law and Law of the Tradition written by Xin Ren and published by Bloomsbury Publishing USA. This book was released on 1997-03-25 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditionally, social theorists in the West have structured models of state social control according to the tenet that socialization is accomplished by means of external controls on behavior: undesirable actions are punished and desirable actions result either in material reward or a simple respite from the oppressive attentions of an authoritarian state. In this volume, the author presents the tradition of law in China as an exception to the Western model of social control. The Confucian bureaucracy that has long structured Chinese social life melded almost seamlessly with the Maoist revolutionary agenda to produce a culture in which collectivism and an internalized adherence to social law are, in some respects, congenital features of Chinese social consciousness. Through her investigation of the Maoist concept of revolutionary justice and the tradition of conformist acculturation in China, the author constructs a fascinating counterpoint to traditional Western arguments about social control.
Download or read book Constitutional Courts in Asia written by Hongyi Chen and published by Cambridge University Press. This book was released on 2018-09-20 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.
Download or read book Trial of Modernity written by Xiaoqun Xu and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book illuminates what judicial modernity actually meant to the Chinese state and society in the early twentieth century and how the judicial reform resulted in paradoxical consequences due to a lack of resources and a disjunction between the national reform agenda and local social ecology.
Download or read book The Beijing Consensus written by Weitseng Chen and published by Cambridge University Press. This book was released on 2017-04-27 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of essays exploring whether a distinctive Chinese model for law and economic development exists.
Download or read book Socialist Law in Socialist East Asia written by Hualing Fu and published by Cambridge University Press. This book was released on 2018-07-05 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: A fresh perspective on socialist law as practiced in China and Vietnam, two major socialist states.
Download or read book Constitutions in Authoritarian Regimes written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2014 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government.
Download or read book State Capacity Building in Contemporary China written by Hiroko Naito and published by Springer Nature. This book was released on 2020-03-26 with total page 127 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the governing mechanism employed by the Chinese Communist Party (CCP) in the light of state capacity building. It is built on the premise that regime type notwithstanding, boosting state capacity and utilizing it in their political survival is of crucial concern for any political leader. Xi Jinping, who is no exception to this, has called for the necessity to expand state capacity while he aims to centralize the power under the party. This volume stands out as it offers a comprehensive view of Chinese party-state, especially under Xi Jinping.The research presented here is built on the analysis of authentic datasets and materials. It examines the CCP’s relations with various state organs in the Chinese political system, mainly, administrative organs, legislature (the people’s congresses), judicial branch (the people’s court system), as well as the military (the People’s Liberation Army) and state-owned enterprises. This volume attempts to bring China closer to the field of comparative politics making it a more comparable case.
Download or read book Embedded Courts written by Kwai Hang Ng and published by Cambridge University Press. This book was released on 2017-10-26 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study of the decision-making process of Chinese courts and the non-legal forces and regional factors that influence judicial outcomes.
Download or read book Understanding China s Political System written by Susan Lawrence and published by Createspace Independent Publishing Platform. This book was released on 2012-05-10 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report is designed to provide Congress with a perspective on the contemporary political system of China, the only Communist Party-led authoritarian state in the G-20 grouping of major economies. China's Communist Party dominates state and society in China, is committed to maintaining a permanent monopoly on power, and is intolerant of those who question its right to rule. Nonetheless, analysts consider China's political system to be neither monolithic nor rigidly hierarchical. Jockeying among leaders and institutions representing different sets of interests is common at every level of the system.
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 Democracy in China written by Jiwei Ci and published by Harvard University Press. This book was released on 2019-11-19 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: A respected Chinese political philosopher calls for the Communist Party to take the lead in moving China along the path to democracy before it is too late. With Xi Jinping potentially set as president for life, China’s move toward political democracy may appear stalled. But Jiwei Ci argues that four decades of reform have created a mentality in the Chinese people that is just waiting for the political system to catch up, resulting in a disjunction between popular expectations and political realities. The inherent tensions in a largely democratic society without a democratic political system will trigger an unprecedented crisis of legitimacy, forcing the Communist Party to act or die. Two crises loom for the government. First is the waning of the Communist Party’s revolutionary legacy, which the party itself sees as a grave threat. Second is the fragility of the next leadership transition. No amount of economic success will compensate for the party’s legitimacy deficit when the time comes. The only effective response, Ci argues, will be an orderly transition to democracy. To that end, the Chinese government needs to start priming its citizens for democracy, preparing them for new civil rights and civic responsibilities. Embracing this pragmatic role offers the Communist Party a chance to survive. Its leaders therefore have good reason to initiate democratic change. Sure to challenge the Communist Party and stir debate, Democracy in China brings an original and important voice to an issue with far-reaching consequences for China and the world.
Download or read book Perils of Judicial Self Government in Transitional Societies written by David Kosař and published by Cambridge University Press. This book was released on 2016-04 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the mechanisms of judicial control to determine an efficient methodology for independence and accountability. Using over 800 case studies from the Czech and Slovak disciplinary courts, the author creates a theoretical framework that can be applied to future case studies and decrease the frequency of accountability perversions.
Download or read book The Party written by Richard McGregor and published by Harper Collins. This book was released on 2010-06-02 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A masterful depiction of the party today. . . . McGregor illuminates the most important of the contradictions and paradoxes. . . . An entertaining and insightful portrait of China’s secretive rulers.” —The Economist “Few outsiders have any realistic sense of the innards, motives, rivalries, and fears of the Chinese Communist leadership. But we all know much more than before, thanks to Richard McGregor’s illuminating and richly-textured look at the people in charge of China’s political machinery. . . . Invaluable.” — James Fallows, National Correspondent for The Atlantic In this provocative and illuminating account, Financial Times reporter Richard McGregor offers a captivating portrait of China’s Communist Party, its grip on power and control over China, and its future. China’s political and economic growth in the past three decades has been one of astonishing, epochal dimensions. The most remarkable part of this transformation, however, has been left largely untold—the central role of the Chinese Communist Party. McGregor delves deeply into China’s inner sanctum for the first time, showing how the Communist Party controls the government, courts, media, and military and keeps all corruption accusations against its members in-house. The Party’s decisions have a global impact, yet the CCP remains a deeply secretive body, hostile to the law and unaccountable to anyone or anything other than its own internal tribunals. It is the world’s only geopolitical rival of the United States, and is primed to think the worst of the West.
Download or read book Beyond Common Knowledge written by Erik Gilbert Jensen and published by Stanford University Press. This book was released on 2003 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: An intensive global search is on for the "rule of law," the holy grail of good governance, which has led to a dramatic increase in judicial reform activities in developing countries. Very little attention, however, has been paid to the widening gap between theory and practice, or to the ongoing disconnect between stated project goals and actual funded activities. Beyond Common Knowledge examines the standard methods of legal and judicial reform. Taking stock of international experience in legal and judicial reform in Latin America, Europe, India, and China, this volume answers key questions in the judicial reform debate: What are the common assumptions about the role of the courts in improving economic growth and democratic politics? Do we expect too much from the formal legal system? Is investing in judicial reform projects a good strategy for getting at the problems of governance that beset many developing countries? If not, what are we missing?
Download or read book The Chinese Communist Party in Action written by Lance L.P. Gore and published by Routledge. This book was released on 2019-08-08 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much is written about China and the role of the Chinese Communist Party, but without exploring in detail the nature of the party and how it operates. This book provides an in-depth assessment of the current state of the Chinese Communist Party. It outlines the huge size of the party – 88 million members with 4.3 million organizations at the grassroots level. It sets out how the party has developed over time, how the party is organized and how its ideology is formed and transmitted. It discusses how the party acts in the different areas of China’s economy, society and government, at local, regional and national levels. It explores the party’s role in the formation of policy, including foreign policy, and assesses the impact of different factions and of the current anti-corruption campaign. Overall, the book demonstrates how embedded the Communist Party is in all aspects of Chinese economy, society and politics, and how its position continues to be consolidated.
