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Author: Pitman B. Potter
Publisher: Routledge
ISBN: 1315485877
Category : Social Science
Languages : en
Pages : 385
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Book Description
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.
Author: Pitman B. Potter
Publisher: Routledge
ISBN: 1315485877
Category : Social Science
Languages : en
Pages : 385
Get Book Here
Book Description
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.
Author: Shao-chuan Leng
Publisher: SUNY Press
ISBN: 9780873959506
Category : Political Science
Languages : en
Pages : 352
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Book Description
The post-Mao commitment to modernization, coupled with a general revulsion against the lawlessness of the Cultural Revolution, has led to a significant law reform movement in the Peoples Republic of China. Chinas current leadership seeks to restore order and morale, to attract domestic support and external assistance for its modernization program, and to provide a secure, orderly environment for economic development. It has taken a number of steps to strengthen its laws and judicial system, among which are the PRCs first substantive and procedural criminal codes. This is the first book-length study of the most important area of Chinese lawthe development, organization, and functioning of the criminal justice system in China today. It examines both the formal aspects of the criminal justice systemsuch as the court, the procuracy, lawyers, and criminal procedureand the extrajudicial organs and sanctions that play important roles in the Chinese system. Based on published Chinese materials and personal interviews, the book is essential reading for persons interested in human rights and laws in China, as well as for those concerned with Chinas political system and economic development. The inclusion of selected documents and an extensive bibliography further enhance the value of the book.
Author: Stanley B. Lubman
Publisher: Stanford University Press
ISBN: 9780804743785
Category : Law
Languages : en
Pages : 464
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Book Description
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.
Author: Yongnian Zheng
Publisher:
ISBN:
Category : China
Languages : en
Pages : 78
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Book Description
Author: Ronald C. Keith
Publisher: Springer
ISBN: 1349131105
Category : Political Science
Languages : en
Pages : 300
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Book Description
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'.
Author: Eelsun Hahm
Publisher:
ISBN:
Category :
Languages : en
Pages : 98
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Book Description
Author: Xiaobing Li
Publisher: University Press of Kentucky
ISBN: 0813141206
Category : History
Languages : en
Pages : 318
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Book Description
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.
Author: Harry Harding
Publisher: Brookings Institution Press
ISBN: 9780815734611
Category : China
Languages : en
Pages : 398
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Book Description
"A study produced in cooperation with the Council on Foreign Relations." Includes bibliographical references and index.
Author: Lowell Dittmer
Publisher: Rowman & Littlefield
ISBN: 9780742539310
Category : History
Languages : en
Pages : 534
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Book Description
China's rapid and complex political and socioeconomic changes provide fertile ground for pioneering analysis, but they also present daunting theoretical and practical challenges. This reader takes up the challenge, offering the most comprehensive assessment of Chinese domestic politics available by bringing together the best recent scholarship in the field. The anthology focuses on the origin, content, and significance of the post-1989 phase of China's reform and opening to the world, commonly known in the PRC as "deep reform." This period has been unfolding in interaction with globalization, marketization, privatization, political institutionalization, as well as with financial and legal changes. Deep reform includes new policy initiatives that have penetrated political, legal, economic, and social sectors untouched by previous initiatives as reformers have been forced to deal with the consequences--intended and unintended--of earlier reforms. These carefully selected essays by leading scholars have been revised and updated for this text. In addition, a substantive introduction and conclusion place the articles in their broader context for readers new to the subject. With the successful transition of the leadership of the party, state, and military since 2002, the time is ripe for a comprehensive evaluation of China's deep reform as it enters a new stage. This timely reader will offer students, scholars, and policymakers invaluable insights into the dynamics of change in one of the world's emerging political and economic dynamos. Contributions by: Marc Blecher, Bruce J. Dickson, Lowell Dittmer, Joseph Fewsmith, Ting Gong, Baogang Guo, William Hurst, Cheng Li, Guoli Liu, Andrew J. Nathan, Kevin J. O'Brien, Veronica Pearson, Randall Peerenboom, Yingyi Qian, Tony Saich, Tianjian Shi, Edward S. Steinfeld, Shaoguang Wang, Lynn White, Yu-Shan Wu, and Guobin Yang
Author: John Garrick
Publisher: Routledge
ISBN: 1317354168
Category : Social Science
Languages : en
Pages : 418
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Book Description
Under the direction of the Communist Party of China (CPC), key legal challenges have been identified which will shape the modernization of China’s legal and administrative institutions. An increasingly complex set of legal actors now seek to influence this development, including securities regulators, bankers, accountants, lawyers, local-level mediators and some of China’s newly rich. Whilst the rising middle class wants to voice its interests and concerns, the CPC strives to maintain its leading role. This book provides a critical appraisal of China’s deepening socialist rule of law and looks ahead to the implications of the domestic reforms for the international legal domain. With contributions from leading Chinese law specialists, it draws on specific illustrations from judicial reform, constitutional law, procedural law, anti-corruption, property law and urban development, socio-economic dispute resolution and Chinese macro-economics. The book questions how China’s domestic law reforms will impact international legal systems, and how international law can be used in managing key regional and bilateral relationships and in dispute resolution, such as in the South China Sea and international trade. Assessing the state and direction of domestic law reform and including debates around the legal implications of some of China’s most pressing foreign policy challenges today, this volume will be of huge interest to students, scholars and practitioners with an interest in Asia law, Chinese law, international law, comparative law and law reform.
