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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.
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.
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.
Author: Vladimir Ilʹich Lenin
Publisher:
ISBN:
Category : Communism
Languages : en
Pages : 144
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Book Description
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.
Author: Daniel Leese
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110533650
Category : History
Languages : en
Pages : 214
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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.
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.
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."
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.
Author: Diane P. Koenker
Publisher:
ISBN: 9781780393803
Category : History
Languages : en
Pages : 836
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Book Description
Author: Ngoc Son Bui
Publisher: Bloomsbury Publishing
ISBN: 1509949712
Category : Law
Languages : en
Pages : 495
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Book Description
This is the first in a 4-volume set that provides the definitive account of the major issues of comparative constitutional law in 19 Asian jurisdictions. Volume 1 explores the process and contents in the making of a new constitution. The book provides answers to questions on the causes, processes, substance and implantation involved in making new constitutions such as; - What are the political, social, and economic factors that drive the constitution-making? - How are constitutions made, and who makes them? - What are the substantive contents of constitution-making? - What kinds of legislation are enacted to implement constitutions? - How do courts enforce constitutions? The book considers the impact of decolonisation, globalisation and social-political dynamics which have led to the enactment of numerous independent constitutions in Asia including Vietnam (2013), Nepal (2015) and Thailand (2017). The jurisdictions covered include: Bangladesh, Cambodia, China, Hong Kong, India, Indonesia, Japan, Malaysia, Mongolia, Myanmar, Nepal, North Korea, the Philippines, Singapore, South Korea, Sri Lanka, Taiwan, Thailand, and Vietnam. An essential reference for those interested in Asian constitutional law.
