Author: Feng Lin
Author: Feng Lin
Author: Andre Alen
Author: Quanxi Gao,Wei Zhang,Feilong Tian
View: 2118This book is a grand review of the centurial development of rule of law in China. It covers the most important issues in this area and presents “political constitution,” a new interpretative framework that allows the Chinese experience of rule of law to be more fully and correctly expressed. It is especially useful to scholars involved in the study of modern China. The main chapters of this book include: The Constituent Movement in the Late Qing Dynasty; The Xinhai (1911) Revolution; Constitution-making at the Beginning of the Republic of China; The Great Revolution in the 1920s; The Rise of the Party State and its Transition; The Founding of 1949 New China and its Early Constitutional Development; and The Dualist System of Rule of Law in the Reforming Times.
Historical Evolution and Comparative Research
Author: Chuanhui Wang
Publisher: Cambridge University Press
View: 6161Using a comparative approach, this book analyses the history of China's private property protection at the constitutional level since 1949.
Author: Keping Yu
Category: Political Science
View: 7549Democracy and the Rule of Law in China is intended to make debates among prominent Chinese intellectuals and academics over issues of political, constitutional, and legal reform; modes of governance in urban and rural China; and culture and cultural policy available to English-language readers. The writers included in this book are individuals whose views have drawn some attention in the formulation of party and government policy, including the editor, Yu Keping, a prominent party intellectual and vice-director of the Central Compilation and Translation Bureau.
Origin and Evolution
Author: Chun Peng
Publisher: Cambridge University Press
View: 4000One 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: Su Li
Publisher: Princeton University Press
View: 1746How was the vast ancient Chinese empire brought together and effectively ruled? What are the historical origins of the resilience of contemporary China's political system? In The Constitution of Ancient China, Su Li, China's most influential legal theorist, examines the ways in which a series of fundamental institutions, rather than a supreme legal code upholding the laws of the land, evolved and coalesced into an effective constitution. Arguing that a constitution is an institutional response to a set of issues particular to a specific society, Su Li demonstrates how China unified a vast territory, diverse cultures, and elites from different backgrounds into a whole. He delves into such areas as uniform weights and measurements, the standardization of Chinese characters, and the building of the Great Wall. The book includes commentaries by four leading Chinese scholars in law, philosophy, and intellectual history--Wang Hui, Liu Han, Wu Fei, and Zhao Xiaoli—who share Su Li's ambition to explain the resilience of ancient China's political system but who contend that he overstates functionalist dimensions while downplaying the symbolic. Exploring why China has endured as one political entity for over two thousand years, The Constitution of Ancient China will be essential reading for anyone interested in understanding the institutional legacy of the Chinese empire.
Author: J. Carpenter,K. den Dulk,Kevin R. den Dulk
Category: Social Science
View: 5296This book analyzes the interaction of religion, society, and governance in China - suggesting it is much more subtle and complex than common convention suggests. The edited work addresses civic engagement, religion, Christianity, and the rule of law in contemporary Chinese society.
A Comparative Approach
Author: Katrin Blasek
View: 3510This book analyzes in detail differing interpretations of the rule of law in Western legal systems and in the People’s Republic of China. As the rule of law is seen by many as a prerequisite for China’s future development, politicians, activists and entrepreneurs from China and from the West alike have long been calling for adherence to this principle, which is constitutive of Western democracies. All these groups use the same words, but do they truly share the same idea? In order to address this question, the book compares the “Rule of Law with Chinese characteristics,” as propagated by Chinese leaders and in official Chinese publications, to different applications of the rule of law as it is understood in Western civilization. In particular, the author takes a closer look at the implementations of recognized core elements of the rule of law in representative Western countries, which include the separation of power, the supremacy of law, the protection of fundamental rights, and the independence of the justice system.
Towards the Rule of Law
Author: Keyuan Zou
Publisher: Martinus Nijhoff Publishers
View: 3835China's entry into the World Trade Organization (WTO) has had a tremendous impact on the development and reform of China's legal system. This book focuses on the developments of China's legal system as well as its reform in the context of globalization. It covers various topics, including constitutional changes, law-based administration, and more.
A Contextual Analysis
Author: Qianfan Zhang
Publisher: Bloomsbury Publishing
View: 5413This book on China's constitution and its tradition of constitutionalism is one of the first in the English language, and as such provides a much needed overview of China's constitutional history and present arrangements. The nine chapters are divided into three parts. The first part (Chapters 1 & 2) deals with China's constitutional history, its indigenous and Confucian antecedents, as well as the turbulent century which led up to the 1982 Constitution and the new order which this ushered in. The second chapter deals with the distinctive features of its current constitution. The second part (Chapters 3-6) introduces the institutional structure defined in the current constitution - the relationship between the Centre and the Regions, the role of the party and the role of the People's Congress, the meaning of the socialist rule of law, and the independence of the judiciary. The third part (Chapters 7-9) discusses the major developments in human rights and their deficiencies - the protection offered to life, liberty, property and equality, and at the same time the currently dormant areas of political and religious freedom. The book concludes with a chapter looking forward to the future of the People's Congress and Chinese constitutionalism. In sum, the book offers a readable account of the salient features of Chinese constitutional developments in all major areas.
Author: Björn Ahl
View: 4399Die Arbeit untersucht die Anwendung völkerrechtlicher Verträge in der Volksrepublik China. Die erste grundlegende Studie dieser Art in einer westlichen Sprache untersucht die Umsetzung des Rechts der Welthandelsorganisation genauso wie der Verträge zum Menschenrechtsschutz. Der Autor kommt zu dem Ergebnis, dass der Mechanismus, der die innerstaatliche Anwendung von Völkervertragsrecht in China steuert, den Anwendungsorganen viele Möglichkeiten eröffnet, den innerstaatlichen Vollzug völkerrechtlicher Verpflichtungen in seiner Effektivität zu mindern.
Author: Li Lin
Publisher: World Scientific
View: 6235This book systematically and concisely expounds the construction process of China's legal system since China's reform and opening-up. Chapter 1 defines the legal system in China and describes the development of China's legal system from 1949 to 1978. Chapter 2 introduces China's legislative system, including its historical development, division of legislative functions and power, and legislative procedures. Chapter 3 compares the differences between the law systems of other countries and China's law system and how other law systems in the world influences the law system in China. Chapter 4 studies China's constitutional law system, including its historical development, forms of law and enforcement of the constitution. Chapter 5 introduces China's administrative legal system, including main principles, administrative legislation and administrative compensation. Chapters 6, 7, 8, 9 describe China's civil and commercial legal system, China's economic legal system, China's social legal system and China's criminal legal system respectively. Chapter 10 introduces China's legal system in litigation and non-litigation procedure in terms of criminal, civil, administrative and non-litigation procedures. Chapter 11 analyses the legal system of the special administrative regions in China and its relationship with China's legal system. The last chapter, Chapter 12 studies the relationship between the international law and China's domestic law system. Contents: Introduction to China's Legal SystemChina's Legislative SystemLaw System with Chinese CharacteristicsChina's Constitutional Law SystemChina's Administrative Legal SystemChina's Civil and Commercial Legal SystemChina's Economic Legal SystemChina's Social Legal SystemChina's Criminal Legal SystemChinese Legal System in Litigation and Non-litigation Procedure"One Country, Two Systems" and Legal System in the Special Administrative RegionInternational Law and China's Law System Readership: Policymakers, professionals, academics, undergraduate and graduate students interested in China's legal system. Keywords: China;Legal System;International Law;Special Administrative Region;Economic Legal System;Social Legal System;Criminal Legal System;Litigation and Non-litigation ProcedureReview: Key Features: Provides comprehensive and systematic analysis of China's legal system
Essays in Honour of Joachim Jens Hesse
Author: Florian Grotz,Th. A. J. Toonen
Publisher: Walter de Gruyter
View: 5741This book is dedicated to Joachim Jens Hesse, a scholar whose multi-faceted work may be characterised as an attempt at "crossing borders" in several respects. These primarily include fostering interdisciplinary cooperation between law, economics and social sciences, analysing public sector developments in an international and intercultural perspective as well as bridging the "gap" between academia and practical politics. Therefore, the volume deals with a subject that covers these features in an exemplary manner: the interrelationship between nation-state constitutions and their international environments. In this context, ongoing processes of transnationalisation have not only contributed to blurring the formerly clear-cut boundaries between these two domains, but also provoked a growing interest in and demand for comparative, interdisciplinary and applied research on constitutional developments.
Striving for the Rule of Law in China
Author: Weifang He
Publisher: Brookings Institution Press
Category: Political Science
View: 3791Presents a critical assessment of the state of Chinese legal reform, including the privatization of lawyers and legal scholars and what the author sees as a contradiction between the current government's policies and the People's Republic of China's own Constitution.
Author: Bih-jaw Lin,James T. Myers
Publisher: Univ of South Carolina Press
View: 619The global implications of recent changes in Taiwan & Mainland China.
Ideas, Praxis and Institutional Design
Author: Weidong Ji
View: 2378After thirty years of Mao era (1949-1979) which was struggle-based, the Communist Party of China has begun to change its position as a pioneering revolutionary party, evolving into a universal ruling party that transcends class interests. Meanwhile, administrative and judicial reforms oriented toward a more efficient, serving government and the rule of law have been actively carried out. As the earliest work on constructive jurisprudence of new proceduralism in China, this book elaborates on the ideological confrontation on the "direction of China". It includes academic debates on politics and law which the author has been involved in, and top-level institutional design in China. Besides, this book introduces, analyzes and evaluates the focus of Chinese contemporary jurisprudence, making some critical summarizing propositions on the practical experiences. A review of Western contemporary jurisprudence and the forefront of legal research is also covered, aiming to provide ideological resources for the rule of law in China. Scholars and students in Chinese legal and social transformation studies will be attracted by this book. Furthermore, it will help different civilizations conduct rational dialogues on justice and order.
Revised and Expanded Edition
Author: Jianfu Chen
View: 4413Like the previous edition in 2008, this book examines the historical and politico-economic context in which Chinese law has developed and transformed, focusing on the underlying factors and justifications for the changes. It attempts to sketch the main trends in legal modernisation in China, offering an outline of the principal features of contemporary Chinese law and a clearer understanding of its nature from a developmental perspective. It provides comprehensive coverage of topics: ‘legal culture’ and modern law reform, constitutional law, legal institutions, law-making, administrative law, criminal law, criminal procedure law, civil law, property, family law, contracts, torts, law on business entities, securities, bankruptcy, intellectual property, law on foreign investment and trade, Chinese investment overseas, dispute settlement and implementation of law. Fully revised, updated and considerably expanded, this edition of Chinese Law: Context and Transformation is a valuable and important resource for researchers, policy-makers and teachers alike.
Towards an Understanding of Chinese Law, Its Nature and Developments
Author: Jianfu Chen
Publisher: Martinus Nijhoff Publishers
Category: Political Science
View: 9896Law, in particular its actual functioning in any given society, is above all a part of the culture of that society - a part of its historical, political, social and intellectual creation. If a black-letter' approach towards law in the West is under increasing criticism, it is particularly unhelpful, if not misleading, in understanding Chinese law, its nature and developments. Rather, to understand Chinese law, its nature and developments, we need to examine the Chinese legal traditions, the prevailing political and economic situations, Party policies on economic reform and tolerance towards political liberalisation, and scholarly discussions and debate. This is the approach of this book. Its aim is to put Chinese law in context', to outline the nature and present status of its development, and to analyse the meaning of the law within the Chinese context. However, this monograph does not ignore the practical needs for determining the precise contents of the black- letter' law either. A study of this kind necessarily involves a process of topic selection. However, to avoid over-generalisation and over-simplification, it also demands a considerable degree of comprehensiveness in coverage. For this reason, the book covers what the Chinese scholars term fundamental law' and basic branches' of law, while other topics are covered because they are either crucial for the understanding of the law (such as legal traditions in China) or of practical importance (such as foreign investment and trade). Chapter One provides an historical background to traditional Chinese legal culture' and modern law reforms. The historical background of specific topics is examined as the topics are analysed inthe following chapters. Chapter Two deals with the changing fate of law under Communist rule. Its focus is on the underlying factors and justifications for such changes. Chapter Three introduces discussions on specific branches of law, from public law (constitutional law, law-making, administrative law, criminal law, criminal procedure law) to private' law (civil law, family law, contracts, law on business entities, and law on foreign investment and trade). Each of these is dealt with in a separate chapter. After the analysis of these substantial topics, certain conclusions are drawn, which attempt to define the nature of Chinese law and its developments in present-day China.