Law and Social Solidarity in Contemporary China PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Law and Social Solidarity in Contemporary China PDF full book. Access full book title Law and Social Solidarity in Contemporary China by Han Peng. Download full books in PDF and EPUB format.
Author: Han Peng
Publisher: Routledge
ISBN: 1000294153
Category : Law
Languages : en
Pages : 209
Get Book Here
Book Description
This book adopts Durkheim’s legal perspective to treat law as a symbol of social solidarities to examine Chinese society. The work analyzes changes in the nature of social solidarity from observing changes in laws, thus drawing together western socio-legal theory and distinctive Chinese conditions. It draws on Durkheim’s theoretical framework and methodology to develop a more comprehensive understanding of the role of law using theories of others such as Habermas and by taking into account the discussion of power and the conflicts of interests in analyzing key social features during transition. The analysis of social anomie in terms of the changes of juridical rules as well as the changes in the nature of social solidarity provides an inspiring perspective to look into contemporary social problems. The book will be essential reading for researchers and academics working in the areas of socio-legal studies, legal theory and law and society in China.
Author: Han Peng
Publisher: Routledge
ISBN: 1000294153
Category : Law
Languages : en
Pages : 209
Get Book Here
Book Description
This book adopts Durkheim’s legal perspective to treat law as a symbol of social solidarities to examine Chinese society. The work analyzes changes in the nature of social solidarity from observing changes in laws, thus drawing together western socio-legal theory and distinctive Chinese conditions. It draws on Durkheim’s theoretical framework and methodology to develop a more comprehensive understanding of the role of law using theories of others such as Habermas and by taking into account the discussion of power and the conflicts of interests in analyzing key social features during transition. The analysis of social anomie in terms of the changes of juridical rules as well as the changes in the nature of social solidarity provides an inspiring perspective to look into contemporary social problems. The book will be essential reading for researchers and academics working in the areas of socio-legal studies, legal theory and law and society in China.
Author: Peng Han
Publisher: Open Dissertation Press
ISBN: 9781361382691
Category :
Languages : en
Pages :
Get Book Here
Book Description
This dissertation, "An Analysis of the Changing Nature of Law and Social Solidarity in Contemporary China: the Application of Durkheim's Theory of Solidarity to Chinese Society" by Peng, Han, 韓鵬, was obtained from The University of Hong Kong (Pokfulam, Hong Kong) and is being sold pursuant to Creative Commons: Attribution 3.0 Hong Kong License. The content of this dissertation has not been altered in any way. We have altered the formatting in order to facilitate the ease of printing and reading of the dissertation. All rights not granted by the above license are retained by the author. Abstract: This research is in socio-legal studies, focusing on the application of Durkheim's theory of solidarity to Chinese society. The purpose of the study is to analyze the changing nature of law and social solidarity in China since 1982. It also aims to examine how certain social features identified during the transition promote or hinder, or are themselves affected by, the changes in the nature of social solidarity since 1982 through an analysis of the changing nature, content, variety and the intensity of laws. "Social features" refers to certain social phenomena which occur during social transition, among which "decline of collective consciousness," "rise of individualism," "state and law" and "anomie" are specifically referred to in this thesis. The extent to which legal changes represent changes in the nature of social solidarity will also be explained. My hypothesis is that China is in an important transitional period during which both repressive law and restitutive law change in nature, content, intensity and variety. The corresponding two solidarities represented by those two types of laws coexist and both change since 1982. The tension between the two solidarities may result in anomies creating social problems. Although some research has been conducted in the use of Durkheim's theory to examine Chinese social solidarity, such research lacks an in-depth analysis of Durkheim's theory, a systematic assessment of Chinese social conditions or a critical consideration concerning the applicability of Durkheim's theory to contemporary Chinese society. Thus, this study is of value as it provides a careful examination of the social situation in China based on the application of Durkheim's theoretical framework. Two broad research questions are developed: first, what forms do mechanical or organic solidarity take in Chinese society? Second, how has social solidarity changed in its nature in China since 1982 when legal reforms took place following the "reform and opening policy" in 1978? Based on Durkheim's approach, law is viewed as an external index which symbolizes social solidarity, and so changes of laws represent changes in the intensity of different types of solidarity. The research therefore includes two stages. The changes in the nature, content, variety and the intensity of different types of laws since 1982 will be analyzed at stage one. The changes in the nature of social solidarity will then be identified and analyzed as a short conclusion of stage one. At stage two, the thesis will analyze the roles of the social features in promoting or hindering the changing nature of social solidarity since 1982. While limitations exist, the application, along with the supplementation of Durkheim's approach offered here in response to the criticisms of his theory, and the approach of observing a society in transition from the perspective of law constitute the significance of the research. This approach, it is hoped, can be developed for comparative studies in discussing the nature of solidarity in other societies in possible future research. Subjects: Solidarity - China Sociological jurisprudence - China
Author: 韓鵬
Publisher:
ISBN:
Category : Sociological jurisprudence
Languages : en
Pages : 0
Get Book Here
Book Description
Author: Susan Trevaskes
Publisher: Edward Elgar Publishing
ISBN: 1783473878
Category : Law
Languages : en
Pages : 303
Get Book Here
Book Description
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
Author: Changchun Yuan
Publisher:
ISBN:
Category : China
Languages : en
Pages : 290
Get Book Here
Book Description
Author: Ying Ji
Publisher: Routledge
ISBN: 100035122X
Category : Law
Languages : en
Pages : 129
Get Book Here
Book Description
By examining the reasons behind the preventive criminalization of Chinese criminal law, this book argues that the shift of criminal law generates popular expectations of legislative participation, and meets punitive demands of the public, but the expansion of criminal law lacks effective constraints, which will keep restricting people’s freedom in the future. The book is inspired by the eighth amendment of Chinese criminal law in 2011, which amended several penalties related to road, drug and environmental safety. It is on the eighth amendment that subsequent amendments have been based. The amendment stemmed from a series of nationally known incidents that triggered widespread public dissatisfaction with the Chinese criminal justice system. Based on John Kingdon’s theory of the multiple streams, the book explains the origins of the legislative process and its outcomes by examining the role of public opinion, policy experts and political actors in the making of Chinese criminal law. It argues that in authoritarian China, the prominence of risk control through criminal justice methods is a state response to uncertainties generated through reforms under the CCP’s leadership. The process of criminal lawmaking has become more responsive and inclusive than ever before, even though it remains a consultation with the elites within the framework set by the Chinese Communist Party (CCP), including representatives of the Lianghui, government ministries, academics and others. The process enhances the CCP’s legitimacy by not only generating popular expectations of legislative participation, but also by meeting the punitive demands of the public. The book will be of interest to academics and researchers in the areas of Chinese criminal law and comparative law.
Author: Chun Peng
Publisher: Cambridge University Press
ISBN: 1108126057
Category : Law
Languages : en
Pages : 353
Get Book Here
Book Description
One of the most pressing issues in contemporary China is the massive rural land takings that have taken place at a scale unprecedented in human history. Expropriation of land has dispossessed and displaced millions for several decades, despite the protection of property rights in the Chinese constitution. Combining meticulous doctrinal analysis with in-depth historical investigation, Chun Peng tracks the origin and evolution of China's rural land takings law over the twentieth century and demonstrates an enduring tradition of land takings for state-led social transformation, under which the takings law is designed to be power-confirming. With changed socio-political circumstances and a new rights-respecting constitutional agenda, a rebalance of the law is now underway, but only within existing parameters. Peng provides a piercing analysis of how land has been used by the largest developing country in the world to develop itself, at what costs and where the future might be.
Author: Federico Pasini
Publisher: Routledge
ISBN: 1000395529
Category : Law
Languages : en
Pages : 218
Get Book Here
Book Description
Though recently improved, Chinese legislation on environmental permits is still weak and urgent measures are needed to help the country in moving towards an effective permitting system. This book examines this legislation gap and presents a contribution to solving China’s pollution problems. By analysing the deficiencies of current Chinese provisions on permitting in light of EU legislation, and its Italian application, the book determines which permitting legislative structure and approach China should embrace in practice in order to build more comprehensive legislation on emission permitting. It is argued that a set of ad hoc legislative measures should be implemented so as to strengthen China’s environmental protection and efficiently tackle pollution. The book will be a valuable resource for researchers, academics and policy-makers working in the areas of international environmental law and comparative law.
Author: Fengan Jiang
Publisher: Routledge
ISBN: 1000404781
Category : Law
Languages : en
Pages : 208
Get Book Here
Book Description
This book argues for a balanced approach to ‘greening’ the World Trade Organization (WTO) ban on China’s export duties without opening the floodgates to protectionism. As a result of the China—Raw Materials and China—Rare Earths decisions, China is largely prohibited from using export duties to address environmental problems, including those associated with climate change. This is despite a number of climate studies having suggested that Chinese export duties could be useful for reducing carbon leakage, an issue of international concern. This book puts the case for a more balanced approach. It shows that a harsh ban on China’s export duties constrains its policy space to protect the environment, particularly in the context of climate change. The work presents feasibility tests for various legal solutions that have been discussed for adjusting the ban, and it accordingly proposes a more feasible approach that would allow China to help protect the environment without advancing protectionism. The proposed legal option provides a less protectionist alternative to export duties, namely ‘export duties plus’: export duties in combination with supplementary restrictions on Chinese consumption. This analysis also yields insights regarding ways to correct WTO precedents, which suggests a moderate alternative response to an important issue behind the Appellate Body crisis. The book will be a valuable resource for academics, researchers and policymakers in the areas of International Trade Law, Environmental Law and China.
Author: Hao Pan
Publisher:
ISBN:
Category : China
Languages : en
Pages : 184
Get Book Here
Book Description
