Chinese Lawmaking: From Non-communicative to Communicative PDF Download
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Author: Peng He
Publisher: Springer Science & Business Media
ISBN: 3642395074
Category : Law
Languages : en
Pages : 196
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Book Description
Dr Peng He in her book addresses various issues, drawing on Western and Chinese sources for her argument for a ‘communicative’ theory of law making. This book is both timely and important in the Chinese context. Her argument depends upon the insight that what is important in societies is not just representative democracy but ‘voice’ - the opportunity for individuals to be heard and bring their input into official systems. More than that, she argues that this can also take further the idea of living by the rules as something that is not to be seen as narrow Legalism but as something more akin to living ‘righteously’ – a view which is resonant with parts of Chinese legal thought. This book is also important in the present Chinese context in another way. The developing economy necessitates substantial legal reform. But applying Western models to China can often be naïve and not fully fulfil their intended purpose. Peng He’s work addresses this by looking at the process of legislation in connection with legal reform. It is grounded in a sound theoretical reflection of both the process of legal transplantation and the process of law making, and looks both at Western and Chinese sources. Such an approach needs to draw from several intellectual traditions and it is this interdisciplinary, foundational research that is the task Dr He has set herself in her project. Her theory will provide an abstract theoretical framework that is sensitive to local conditions, while at the same time incorporating insights on law reform from a broad range of disciplines. Her research is of direct practical relevance for reforming the legislative process in China. ——Professor Zenon Bańkowski The University of Edinburgh
Author: Peng He
Publisher: Springer Science & Business Media
ISBN: 3642395074
Category : Law
Languages : en
Pages : 196
Get Book Here
Book Description
Dr Peng He in her book addresses various issues, drawing on Western and Chinese sources for her argument for a ‘communicative’ theory of law making. This book is both timely and important in the Chinese context. Her argument depends upon the insight that what is important in societies is not just representative democracy but ‘voice’ - the opportunity for individuals to be heard and bring their input into official systems. More than that, she argues that this can also take further the idea of living by the rules as something that is not to be seen as narrow Legalism but as something more akin to living ‘righteously’ – a view which is resonant with parts of Chinese legal thought. This book is also important in the present Chinese context in another way. The developing economy necessitates substantial legal reform. But applying Western models to China can often be naïve and not fully fulfil their intended purpose. Peng He’s work addresses this by looking at the process of legislation in connection with legal reform. It is grounded in a sound theoretical reflection of both the process of legal transplantation and the process of law making, and looks both at Western and Chinese sources. Such an approach needs to draw from several intellectual traditions and it is this interdisciplinary, foundational research that is the task Dr He has set herself in her project. Her theory will provide an abstract theoretical framework that is sensitive to local conditions, while at the same time incorporating insights on law reform from a broad range of disciplines. Her research is of direct practical relevance for reforming the legislative process in China. ——Professor Zenon Bańkowski The University of Edinburgh
Author: Deborah Cao
Publisher: Routledge
ISBN: 1351951971
Category : Law
Languages : en
Pages : 234
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Book Description
Studying Chinese law from a linguistic and communicative perspective, this book examines meaning and language in Chinese law. It investigates key notions and concepts of law, the rule of law, and rights and their evolutionary meanings. It examines the linguistic usage and textual features in Chinese legal texts and legal translation, and probes the lawmaking process and the Constitution as speech act and communicative action. Taking a cross-cultural approach, the book applies major Western philosophical thought to Chinese law, in particular the ideas concerning language and communication by such major thinkers as Peirce, Whorf, Gadamer, Habermas, Austin and Searle. The focus of the study is contemporary People's Republic of China; however, the study also traces and links the inherited and introduced cultural and linguistic values and configurations that provide the context in which modern Chinese law operates.
Author: Madeleine Martinek
Publisher: Springer
ISBN: 3319776169
Category : Law
Languages : en
Pages : 354
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Book Description
This book analyzes the benefits of and legal concerns in connection with the delegated legislation of the Shenzhen Special Economic Zone as a prime example of experimental legislation in Chinese law. It offers solutions for improving the legal design of experimental regulations in Special Economic Zones by striking a balance between the pursuit of rapid socio-economic progress on the one hand, and the increasing need and will to govern by the rule of law on the other. The book offers a valuable guide for the academic community and legal practitioners, as well as students eager to gain insights into Chinese constitutional law and the conflict between legality and achieving reforms.
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: Shen Wei
Publisher: Taylor & Francis
ISBN: 1000821420
Category : Business & Economics
Languages : en
Pages : 478
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Book Description
This book analyzes China's new foreign investment law which came into force in January 2020. The new law implemented sweeping changes and overhauled China’s foreign investment law regime of the last four decades. The foreign investment law aims to make the business environment more investor-friendly and address some of the contentious issues between US and China in the ongoing trade war. The book explains how the law enhances regulatory transparency. It also outlines the new approval process, that is the pre-establishment negative list system which has replaced the former approval system for foreign investment projects. The book also analyzes China's series of anti-sanction laws. This book will help give readers a better understanding of major changes and benefits under the new law and will be the first of its kind looking at the implications of this important law.
Author: Jing Men
Publisher: Taylor & Francis
ISBN: 1134991851
Category : Social Science
Languages : en
Pages : 170
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Book Description
Reform and governance are of vital interest to both the People’s Republic of China and the European Union (EU). China is facing demographic and environmental challenges and has been experiencing a rapid economic transition. The social tensions arising from these challenges call for a governance system that will allow the Chinese leadership to alleviate social tensions without putting at risk their leadership. A society which is becoming more diverse and facing problems of a global scale that also cause turmoil at the grass roots may be difficult to govern top-down. Notwithstanding the Communist Party of China’s (CPC) grip on Chinese society, there may be ways to integrate public opinion and civil society organisations in governmental decision-making through reforms that do not challenge the current leadership. The EU, on the other hand, faces the same global challenges with a very different and complex governance system. EU foreign and security policy, thus including EU policy towards China, are governed by the EU’s foreign policy principles, which contain, among others, the promotion of democracy, the rule of law and the universality and indivisibility of human rights and fundamental freedoms. How successful can the EU be in advancing these principles when engaging with China, while respecting the Chinese political system? How can the EU and China find common grounds in their governance systems so as to enhance their strategic partnership in order to tackle global issues that need a coordinated approach?
Author: Cyril Benoît
Publisher: Edward Elgar Publishing
ISBN: 1789906512
Category : Law
Languages : en
Pages : 505
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Book Description
This comprehensive Handbook takes a multidisciplinary approach to the study of parliaments, offering novel insights into the key aspects of legislatures, legislative institutions and legislative politics. Connecting rich and diverse fields of inquiry, it illuminates how the study of parliaments has shaped a wider understanding surrounding politics and society over the past decades.
Author: Benjamin van Rooij
Publisher: Amsterdam University Press
ISBN: 9087280130
Category : Law
Languages : en
Pages : 470
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Book Description
Annotation. Many of China's rivers and lakes are strongly polluted, the air in cities is amongst the worst in the world, while some have warned that if the country is not careful it may soon have insufficient arable land to feed its population. This book looks at why the protection of natural resources through stricter legislation and more stringent law enforcement has been so difficult. It does so through a combination of a local case with comparative and theoretical insights about lawmaking, compliance and enforcement. It offers a unique view on how law functions in the world's largest legal system, and how such law interacts with the social, economic and political circumstances at hand. This book offers an incomparable body of empirical and theoretical knowledge for those interested in how law functions in China, as well as those interested in the workings of regulatory lawmaking, compliance, and enforcement in a comparative perspective. This title can be previewed in Google Books - http://books.google.com/books?vid=ISBN9789087280130.
Author: Sun Zhengyu
Publisher: American Academic Press
ISBN: 163181494X
Category : Philosophy
Languages : en
Pages : 325
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Book Description
Marxist ideology is the only fully scientific ideology, the only one able to guide mankind toward the settlement of fundamental social problems and to point out the royal road for the proletariat to take in its march toward socialism and communism. Without Marxism, modern people cannot establish true social ideals, nor can they engage in the rational pursuit of values. Without Marxism, modern people cannot choose the correct path of development, nor can they build up new forms of civilizations. Without Marxism, modern people would never base their commitments to schedule the consensus-building effort and support the consensus-building process on any irrefutably and sufficiently sound theoretical foundations.
Author: Natalie Mrockova
Publisher: Bloomsbury Publishing
ISBN: 1509932461
Category : Law
Languages : en
Pages : 421
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Book Description
This fascinating study uses qualitative and quantitative data and insights from interviews with judges, lawyers, government officials, entrepreneurs, bankers, consultants, and academics in China and abroad, to provide a new perspective on the problems that have hindered the implementation of the Enterprise Bankruptcy Law in China, and recent attempts at reform. The analysis provides unique insights into China's business world and its interaction with the judicial and political system in China. In addition, the book also provides important information about how the Enterprise Bankruptcy Law affects foreign companies, agencies and governments that are active in China. The author draws on empirical data, decided cases and her experience of how the law and surrounding practices deal with foreign stakeholders whose interests are affected by corporate bankruptcy in China. The book will improve understanding of how China's corporate bankruptcy law has been used in practice, what has limited its practical effectiveness, whether it is desirable for the law to be used more readily in China, and the possible options for its reform.
