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Author: Karen G. Turner
Publisher: University of Washington Press
ISBN: 0295803894
Category : History
Languages : en
Pages : 384
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Book Description
In The Limits of the Rule of Law in China, fourteen authors from different academic disciplines reflect on questions that have troubled Chinese and Western scholars of jurisprudence since classical times. Using data from the early 19th century through the contemporary period, they analyze how tension between formal laws and discretionary judgment is discussed and manifested in the Chinese context. The contributions cover a wide range of topics, from interpreting the rationale for and legacy of Qing practices of collective punishment, confession at trial, and bureaucratic supervision to assessing the political and cultural forces that continue to limit the authority of formal legal institutions in the People’s Republic of China.
Author: Karen G. Turner
Publisher: University of Washington Press
ISBN: 0295803894
Category : History
Languages : en
Pages : 384
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Book Description
In The Limits of the Rule of Law in China, fourteen authors from different academic disciplines reflect on questions that have troubled Chinese and Western scholars of jurisprudence since classical times. Using data from the early 19th century through the contemporary period, they analyze how tension between formal laws and discretionary judgment is discussed and manifested in the Chinese context. The contributions cover a wide range of topics, from interpreting the rationale for and legacy of Qing practices of collective punishment, confession at trial, and bureaucratic supervision to assessing the political and cultural forces that continue to limit the authority of formal legal institutions in the People’s Republic of China.
Author: Matthieu Burnay
Publisher: Edward Elgar Publishing
ISBN: 1788112393
Category : Law
Languages : en
Pages : 295
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Book Description
This insightful book investigates the historical, political, and legal foundations of the Chinese perspectives on the rule of law and the international rule of law. Building upon an understanding of the rule of law as an 'essentially contested concept', this book analyses the interactions between the development of the rule of law within China and the Chinese contribution to the international rule of law, more particularly in the areas of global trade and security governance.
Author: Eva Pils
Publisher: John Wiley & Sons
ISBN: 1509500731
Category : Political Science
Languages : en
Pages : 256
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Book Description
How can we make sense of human rights in China's authoritarian Party-State system? Eva Pils offers a nuanced account of this contentious area, examining human rights as a set of social practices. Drawing on a wide range of resources including years of interaction with Chinese human rights defenders, Pils discusses what gives rise to systematic human rights violations, what institutional avenues of protection are available, and how social practices of human rights defence have evolved. Three central areas are addressed: liberty and integrity of the person; freedom of thought and expression; and inequality and socio-economic rights. Pils argues that the Party-State system is inherently opposed to human rights principles in all these areas, and that – contributing to a global trend – it is becoming more repressive. Yet, despite authoritarianism's lengthening shadows, China’s human rights movement has so far proved resourceful and resilient. The trajectories discussed here will continue to shape the struggle for human rights in China and beyond its borders.
Author: Randall Peerenboom
Publisher: Cambridge University Press
ISBN: 1107375584
Category : Law
Languages : en
Pages : 440
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Book Description
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.
Author: Kwai Hang Ng
Publisher: Cambridge University Press
ISBN: 1108420494
Category : Computers
Languages : en
Pages : 263
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Book Description
A study of the decision-making process of Chinese courts and the non-legal forces and regional factors that influence judicial outcomes.
Author: Hongyi Chen
Publisher: Cambridge University Press
ISBN: 110719508X
Category : Law
Languages : en
Pages : 407
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Book Description
A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.
Author: Daniel A. Bell
Publisher: Princeton University Press
ISBN: 1400883482
Category : Political Science
Languages : en
Pages : 355
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Book Description
How China's political model could prove to be a viable alternative to Western democracy Westerners tend to divide the political world into "good" democracies and “bad” authoritarian regimes. But the Chinese political model does not fit neatly in either category. Over the past three decades, China has evolved a political system that can best be described as “political meritocracy.” The China Model seeks to understand the ideals and the reality of this unique political system. How do the ideals of political meritocracy set the standard for evaluating political progress (and regress) in China? How can China avoid the disadvantages of political meritocracy? And how can political meritocracy best be combined with democracy? Daniel Bell answers these questions and more. Opening with a critique of “one person, one vote” as a way of choosing top leaders, Bell argues that Chinese-style political meritocracy can help to remedy the key flaws of electoral democracy. He discusses the advantages and pitfalls of political meritocracy, distinguishes between different ways of combining meritocracy and democracy, and argues that China has evolved a model of democratic meritocracy that is morally desirable and politically stable. Bell summarizes and evaluates the “China model”—meritocracy at the top, experimentation in the middle, and democracy at the bottom—and its implications for the rest of the world. A timely and original book that will stir up interest and debate, The China Model looks at a political system that not only has had a long history in China, but could prove to be the most important political development of the twenty-first century.
Author: Shitong Qiao
Publisher: Cambridge University Press
ISBN: 1107176239
Category : Business & Economics
Languages : en
Pages : 231
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Book Description
Qiao demonstrates how an impersonal and unbounded market can operate without legal protection or enforcement of property and contract rights.
Author: Weitseng Chen
Publisher: Cambridge University Press
ISBN: 1107138434
Category : Business & Economics
Languages : en
Pages : 367
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Book Description
A collection of essays exploring whether a distinctive Chinese model for law and economic development exists.
Author: Eva Pils
Publisher: Routledge
ISBN: 1134450680
Category : Law
Languages : en
Pages : 246
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Book Description
This book offers a unique insight into the role of human rights lawyers in Chinese law and politics. In her extensive account, Eva Pils shows how these practitioners are important as legal advocates for victims of injustice and how bureaucratic systems of control operate to subdue and marginalise them. The book also discusses how human rights lawyers and the social forces they work for and with challenge the system. In conditions where organised political opposition is prohibited, rights lawyers have begun to articulate and coordinate demands for legal and political change. Drawing on hundreds of anonymised conversations, the book analyses in detail human rights lawyers’ legal advocacy in the face of severe institutional limitations and their experiences of repression at the hands of the police and state security apparatus, along with the intellectual, political and moral resources lawyers draw upon to survive and resist. Key concerns include the interaction between the lawyers and their bureaucratic, professional and social environments and the forms and long term political impact of resistance. In addressing these issues, Pils offers a rare evaluative perspective on China’s legal and political system, and proposes new ways to assess domestic advocacy’s relationship with international human rights and rule of law promotion. This book will be of great interest and use to students and scholars of law, Chinese studies, socio-legal studies, political studies, international relations, and sociology. It is also of direct value to people working in the fields of human rights advocacy, law, politics, international relations, and journalism.
