Modern Chinese Rules of Order

Modern Chinese Rules of Order PDF Author: Ulric Killion
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 308

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Book Description
The book addresses the issues of China's modern social order, as influenced by an evolving economic order and especially legal order. Ongoing Chinese modernisation is prompted by both domestic needs and WTO commitments, which includes both economic and legal reforms. Emphasis is placed on legal reforms, one of the most important areas of much needed reforms. The directional development of China's legal order has national, interregional and international implications, which affect the growth and prosperity of both China and the world's economy. A problem is an evolving inter-relationship between social order, economic order, and legal order, which can be described as either complementary or paradoxical. However, a paradoxical inter-relationship between these sources of order is problematic, because it effectively renders needed legal reforms that are increasingly more difficult to implement. This book explores both the complementary and paradoxical inter-relationship between these sources of order, the author proposes a "novel" and "viable" alternative for transplanting a more Western constitutional design in China.

Modern Chinese Rules of Order

Modern Chinese Rules of Order PDF Author: Ulric Killion
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 308

Get Book Here

Book Description
The book addresses the issues of China's modern social order, as influenced by an evolving economic order and especially legal order. Ongoing Chinese modernisation is prompted by both domestic needs and WTO commitments, which includes both economic and legal reforms. Emphasis is placed on legal reforms, one of the most important areas of much needed reforms. The directional development of China's legal order has national, interregional and international implications, which affect the growth and prosperity of both China and the world's economy. A problem is an evolving inter-relationship between social order, economic order, and legal order, which can be described as either complementary or paradoxical. However, a paradoxical inter-relationship between these sources of order is problematic, because it effectively renders needed legal reforms that are increasingly more difficult to implement. This book explores both the complementary and paradoxical inter-relationship between these sources of order, the author proposes a "novel" and "viable" alternative for transplanting a more Western constitutional design in China.

Legal Orientalism

Legal Orientalism PDF Author: Teemu Ruskola
Publisher: Harvard University Press
ISBN: 0674075781
Category : Law
Languages : en
Pages : 358

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Book Description
Since the Cold War ended, China has become a global symbol of disregard for human rights, while the United States has positioned itself as the world’s chief exporter of the rule of law. How did lawlessness become an axiom about Chineseness rather than a fact needing to be verified empirically, and how did the United States assume the mantle of law’s universal appeal? In a series of wide-ranging inquiries, Teemu Ruskola investigates the history of “legal Orientalism”: a set of globally circulating narratives about what law is and who has it. For example, why is China said not to have a history of corporate law, as a way of explaining its “failure” to develop capitalism on its own? Ruskola shows how a European tradition of philosophical prejudices about Chinese law developed into a distinctively American ideology of empire, influential to this day. The first Sino-U.S. treaty in 1844 authorized the extraterritorial application of American law in a putatively lawless China. A kind of legal imperialism, this practice long predated U.S. territorial colonialism after the Spanish-American War in 1898, and found its fullest expression in an American district court’s jurisdiction over the “District of China.” With urgent contemporary implications, legal Orientalism lives on in the enduring damage wrought on the U.S. Constitution by late nineteenth-century anti-Chinese immigration laws, and in the self-Orientalizing reforms of Chinese law today. In the global politics of trade and human rights, legal Orientalism continues to shape modern subjectivities, institutions, and geopolitics in powerful and unacknowledged ways.

Crime, Punishment and the Prison in Modern China

Crime, Punishment and the Prison in Modern China PDF Author: Frank Dikötter
Publisher: Columbia University Press
ISBN: 9780231125086
Category : History
Languages : en
Pages : 492

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Book Description
This book is a richly textured social and cultural study exploring the profound effects and lasting repercussions of superimposing Western-derived models of repentance and rehabilitation on traditional categories of crime and punishment.

The Long Game

The Long Game PDF Author: Rush Doshi
Publisher: Oxford University Press
ISBN: 0197527876
Category : Political Science
Languages : en
Pages : 433

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Book Description
For more than a century, no US adversary or coalition of adversaries - not Nazi Germany, Imperial Japan, or the Soviet Union - has ever reached sixty percent of US GDP. China is the sole exception, and it is fast emerging into a global superpower that could rival, if not eclipse, the United States. What does China want, does it have a grand strategy to achieve it, and what should the United States do about it? In The Long Game, Rush Doshi draws from a rich base of Chinese primary sources, including decades worth of party documents, leaked materials, memoirs by party leaders, and a careful analysis of China's conduct to provide a history of China's grand strategy since the end of the Cold War. Taking readers behind the Party's closed doors, he uncovers Beijing's long, methodical game to displace America from its hegemonic position in both the East Asia regional and global orders through three sequential "strategies of displacement." Beginning in the 1980s, China focused for two decades on "hiding capabilities and biding time." After the 2008 Global Financial Crisis, it became more assertive regionally, following a policy of "actively accomplishing something." Finally, in the aftermath populist elections of 2016, China shifted to an even more aggressive strategy for undermining US hegemony, adopting the phrase "great changes unseen in century." After charting how China's long game has evolved, Doshi offers a comprehensive yet asymmetric plan for an effective US response. Ironically, his proposed approach takes a page from Beijing's own strategic playbook to undermine China's ambitions and strengthen American order without competing dollar-for-dollar, ship-for-ship, or loan-for-loan.

When China Rules the World

When China Rules the World PDF Author: Martin Jacques
Publisher: Penguin
ISBN: 1101151455
Category : History
Languages : en
Pages : 631

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Book Description
Greatly revised and expanded, with a new afterword, this update to Martin Jacques’s global bestseller is an essential guide to understanding a world increasingly shaped by Chinese power Soon, China will rule the world. But in doing so, it will not become more Western. Since the first publication of When China Rules the World, the landscape of world power has shifted dramatically. In the three years since the first edition was published, When China Rules the World has proved to be a remarkably prescient book, transforming the nature of the debate on China. Now, in this greatly expanded and fully updated edition, boasting nearly 300 pages of new material, and backed up by the latest statistical data, Martin Jacques renews his assault on conventional thinking about China’s ascendancy, showing how its impact will be as much political and cultural as economic, changing the world as we know it. First published in 2009 to widespread critical acclaim - and controversy - When China Rules the World: The End of the Western World and the Birth of a New Global Order has sold a quarter of a million copies, been translated into eleven languages, nominated for two major literary awards, and is the subject of an immensely popular TED talk.

The Tradition and Modern Transition of Chinese Law

The Tradition and Modern Transition of Chinese Law PDF Author: Jinfan Zhang
Publisher: Springer Science & Business Media
ISBN: 3642232663
Category : Law
Languages : en
Pages : 719

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Book Description
The book was first published in 1997, and was awarded the first prize of scientific research by the Ministry of Justice during the ninth Five-Year Plan of China. In 2005, it was adopted the text book for the postgraduates of law majors. In 2009, it was awarded the second prize of the best books on law in China. The book discusses from different aspects the long legal tradition in China, and it not only helps us to have a further understanding of Chinese legal system but also combines theories and practice and illustrate the modern legal transition which probes the history of Chinese legal system. As is known to us all, China is a country with a long legal history, which can be traced back to more than three thousand year ago. So the legal tradition of China has been passed down from generation to generation without any interruptions. This feature is peculiar to Chinese legal history which is beyond all comparison with that of other countries such as ancient Egypt, ancient India, ancient Babylon and ancient Persia. Through the study of Chinese legal history we can have a deeper understanding of the histories, features, origins and the transition of Chinese legal tradition. The Chinese legal tradition originated from China, and it is the embodiment of the wisdom and creativity of Chinese civilization. The great many books, researching materials, legal constitutions, archives, files and records of different dynasties in China have provided us with rare, complete and systematic materials to research. The book has a complete, systematic and detailed research on Chinese legal tradition and its transition and it gives people a correct recognition of the process of the perfection of laws during its development and its position as well as its value in the social progress in order to grasp its regular patterns. It also has showed us the most valuable part and core of Chinese legal Tradition and it is a summary of Chinese legal tradition and its transition from different perspectives, different angles and different levels. From the book, we can see that the ancient Chinese Legal Culture had once shocked the world and exerted great influence on the civilization of the world legal system, especially the legal systems in Asian countries. The book also has discussed the reestablishment of law in the late Qing Dynasty and the beginning of the Chinese law’s transition to modernity. In a word, the book has not only combined the legal system and the legal culture together, but also integrated the important historical figures and events ingeniously and it is a valuable and readable book with authenticity.

China’s Grand Strategy

China’s Grand Strategy PDF Author: Andrew Scobell
Publisher: Rand Corporation
ISBN: 1977404200
Category : History
Languages : en
Pages : 155

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Book Description
To explore what extended competition between the United States and China might entail out to 2050, the authors of this report identified and characterized China’s grand strategy, analyzed its component national strategies (diplomacy, economics, science and technology, and military affairs), and assessed how successful China might be at implementing these over the next three decades.

Law and Politics in Modern China

Law and Politics in Modern China PDF Author: Sharron Gu
Publisher: Cambria Press
ISBN: 1604976047
Category : History
Languages : en
Pages : 430

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Book Description
This is an original interdisciplinary study of Chinese law, its language, and political institution. Evolving within a complex literary framework over thousands of years, Chinese language has lost its conceptual distinctiveness to its multilevel and overlapping meanings and connotations. Chinese law has become inflated with contrary rulings and exceptions. This mass of rules requires an extra-lingual (legal) authority to redefine boundaries and specify applications. This book follows and continues the author's, The Boundaries of Meaning and the Formation of Law (McGill University Press) by illustrating how language shapes the formation, application, and administration of law in various cultural environments. Law and Politics in Modern China is an important book for those interested in Chinese history, culture, law, and politics. It also provides refreshing insights about the way that law continues to function after its language matures and creates contradictions and loopholes within its system of rules--one of the most important issues facing Western legal administration in the immediate future.

Modern Chinese Legal Reform

Modern Chinese Legal Reform PDF 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.

Rural Land Takings Law in Modern China

Rural Land Takings Law in Modern China PDF Author: Chun Peng
Publisher: Cambridge University Press
ISBN: 1108126057
Category : Law
Languages : en
Pages : 353

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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.