From Leninist Discipline to Socialist Legalism

From Leninist Discipline to Socialist Legalism PDF Author: Pitman B. Potter
Publisher: Stanford University Press
ISBN: 9780804745000
Category : Law
Languages : en
Pages : 284

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Book Description
This is the first full-length study in English of Peng Zhen (1902-97), a revolutionary comrade of Mao Zedong and Deng Xiaoping, and an influential legal policymaker in China during both men’s regimes. As one of the chief architects of PRC law and legal institutions during the 1950s and again in the 1980s, Peng left an indelible mark on the present legal system of China. This book analyzes the evolution of Peng’s legal views from his days as a revolutionary in the 1930s and 1940s, through his participation in Communist rule during the 1950s, to his conflicts with Mao and his purge in 1966, and finally to his rehabilitation and resumption of legal reform activities in the 1980s and 1990s. Initially, Peng embraced Leninist notions of law and political authority. These ideas gradually evolved so that in the 1980s Peng advocated increased reliance on formal rules and procedures as mechanisms of governance.

From Leninist Discipline to Socialist Legalism

From Leninist Discipline to Socialist Legalism PDF Author: Pitman B. Potter
Publisher: Stanford University Press
ISBN: 9780804745000
Category : Law
Languages : en
Pages : 284

Get Book Here

Book Description
This is the first full-length study in English of Peng Zhen (1902-97), a revolutionary comrade of Mao Zedong and Deng Xiaoping, and an influential legal policymaker in China during both men’s regimes. As one of the chief architects of PRC law and legal institutions during the 1950s and again in the 1980s, Peng left an indelible mark on the present legal system of China. This book analyzes the evolution of Peng’s legal views from his days as a revolutionary in the 1930s and 1940s, through his participation in Communist rule during the 1950s, to his conflicts with Mao and his purge in 1966, and finally to his rehabilitation and resumption of legal reform activities in the 1980s and 1990s. Initially, Peng embraced Leninist notions of law and political authority. These ideas gradually evolved so that in the 1980s Peng advocated increased reliance on formal rules and procedures as mechanisms of governance.

Socialist Law in Socialist East Asia

Socialist Law in Socialist East Asia PDF Author: Hualing Fu
Publisher: Cambridge University Press
ISBN: 1108424813
Category : Business & Economics
Languages : en
Pages : 463

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Book Description
A fresh perspective on socialist law as practiced in China and Vietnam, two major socialist states.

Law and the Party in China

Law and the Party in China PDF Author: Rogier J. E. H. Creemers
Publisher: Cambridge University Press
ISBN: 1108873669
Category : Law
Languages : en
Pages : 287

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Book Description
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.

Victims, Perpetrators, and the Role of Law in Maoist China

Victims, Perpetrators, and the Role of Law in Maoist China PDF Author: Daniel Leese
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110531097
Category : History
Languages : en
Pages : 335

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Book Description
Eine erstmalige Analyse maoistischer Justiz auf Basis von Originalfallakten, die aufgrund ihrer plastischen Details einen tiefen Einblick in die chinesische Rechts-, Politik- und Sozialgeschichte geben. Durch die Betonung der Akteuersebene wird, jenseits von Metadiskursen, der totalitäre Charakter der frühen Volksrepublik China und der mehr oder minder großer Spielraum von Angeklagten, Richtern und politischer Führung ausgelotet. Der Band versammelt chinesische, europäische und amerikanische Wissenschaftler, um gemeinsam eine Revision des bisherigen Forschungsstandes zu ermöglichen.

Legal Reform and Administrative Detention Powers in China

Legal Reform and Administrative Detention Powers in China PDF Author: Sarah Biddulph
Publisher: Cambridge University Press
ISBN: 113946809X
Category : Law
Languages : en
Pages : 51

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Book Description
Using a conceptual framework, this 2007 book examines the processes of legal reform in post-socialist countries such as China. Drawing on Bourdieu's concept of the 'field', the increasingly complex and contested processes of legal reform are analysed in relation to police powers. The impact of China's post-1978 legal reforms on police powers is examined through a detailed analysis of three administrative detention powers: detention for education of prostitutes; coercive drug rehabilitation; and re-education through labour. The debate surrounding the abolition in 1996 of detention for investigation (also known as shelter and investigation) is also considered. Despite over 20 years of legal reform, police powers remain poorly defined by law and subject to minimal legal constraint. They continue to be seriously and systematically abused. However, there has been both systematic and occasionally dramatic reform of these powers. This book considers the processes which have made these legal changes possible.

The State and Revolution

The State and Revolution PDF Author: Vladimir Ilʹich Lenin
Publisher:
ISBN:
Category : Communism
Languages : en
Pages : 144

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Book Description


Chinese Law

Chinese Law PDF Author: Li Chen
Publisher: BRILL
ISBN: 900428849X
Category : History
Languages : en
Pages : 410

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Book Description
The twelve case studies in Chinese Law: Knowledge, Practice and Transformation, 1530s to 1950s, edited by Li Chen and Madeleine Zelin, open a new window onto the historical foundation and transformation of Chinese law and legal culture in late imperial and modern China. Their interdisciplinary analyses provide valuable insights into the multiple roles of law and legal knowledge in structuring social relations, property rights, popular culture, imperial governance, and ideas of modernity; they also provide insight into the roles of law and legal knowledge in giving form to an emerging revolutionary ideology and to policies that continue to affect China to the present day.

Ideological Conflict and the Rule of Law in Contemporary China

Ideological Conflict and the Rule of Law in Contemporary China PDF Author: Samuli Seppänen
Publisher: Cambridge University Press
ISBN: 1107142903
Category : Law
Languages : en
Pages : 233

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Book Description
This book studies ideological divisions within Chinese legal academia and their relationship to arguments about the rule of law. The book describes argumentative strategies used by Chinese legal scholars to legitimize and subvert China's state-sanctioned ideology. It also examines Chinese efforts to invent new, alternative rule of law conceptions. In addition to this descriptive project, the book advances a more general argument about the rule of law phenomenon, insisting that many arguments about the rule of law are better understood in terms of their intended and actual effects rather than as analytic propositions or descriptive statements. To illustrate this argument, the book demonstrates that various paradoxical, contradictory and otherwise implausible arguments about the rule of law play an important role in Chinese debates about the rule of law. Paradoxical statements about the rule of law, in particular, can be useful for an ideological project.

Legal Lessons

Legal Lessons PDF Author: Jennifer E. Altehenger
Publisher: BRILL
ISBN: 1684175879
Category : History
Languages : en
Pages : 408

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Book Description
"The popularization of basic legal knowledge is an important and contested technique of state governance in China today. Its roots reach back to the early years of Chinese Communist Party rule. Legal Lessons tells the story of how the party-state attempted to mobilize ordinary citizens to learn laws during the early years of the Mao period (1949–1976) and in the decade after Mao’s death. Examining case studies such as the dissemination of the 1950 Marriage Law and successive constitutions since 1954 in Beijing and Shanghai, Jennifer Altehenger traces the dissemination of legal knowledge at different levels of state and society. Archival records, internal publications, periodicals, advice manuals, memoirs, and colorful propaganda materials reveal how official attempts to determine and promote “correct” understanding of written laws intersected with people’s interpretations and practical experiences. They also show how diverse groups—including party-state leadership, legal experts, publishers, writers, artists, and local officials, along with ordinary people—helped to define the meaning of laws in China’s socialist society. Placing mass legal education and law propaganda at the center of analysis, Legal Lessons offers a new perspective on the sociocultural and political history of law in socialist China."

Leadership in a Changing China

Leadership in a Changing China PDF Author: W. Chen
Publisher: Springer
ISBN: 140398039X
Category : Political Science
Languages : en
Pages : 210

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Book Description
Scholars from China, Singapore and the U.S. use the opportunity of the 16th National Congress of the Chinese Communist Party to explore the issue of leadership change in China, and its impact on institution building and foreign policy there.