The Thirty years since China’s reform and opening have been very eventful for the country’s legal reforms, and this volume presents a multi-disciplinary look at the current scholarship going on in China on the subject, translated into English to assist scholars worldwide in understanding China’s recent legal history.
The Thirty years since China s reform and opening have been very eventful for the country s legal reforms, and this volume presents a multi-disciplinary look at the current scholarship going on in China on the subject. The articles have been translated into English to assist scholars worldwide in understanding China s recent legal history and also to help familiarize them with the currents of contemporary Chinese scholarship. Individual subjects include commercial law, the evolving relationship between the Chinese government and its citizens, administrative law and criminal justice. There are also chapters on newly emerging areas of the law that are crucial to China s future development, such as the chapters on environmental law and intellectual property. The volume also includes a chapter on legal education and the legal profession, judicial reform and the development of law to protect the rights of the disadvantaged.
The 'rule of law' is more than the mere existence and application of law within the sphere of state activity. Contemporary Chinese debate on the 'rule of law' underlines the limiting of arbitrary government, the materialisation of 'human rights', legal protection of 'rights and interests' and the principle of equality in the impartial legal mediation of conflicts within society's 'structure of interests'. Based upon China interviews and a comprehensive survey of the domestic press and Chinese-language legal journal materials, this book places pre- and post-Tiananmen Square legal reform in political context. The evolving contents of specific laws across the departments of constitutional, administrative, criminal, civil and economic law are assessed in light of the politics and intellectual dynamic of China's legal circles in their struggle to create a 'rule of law'.
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.
Building the Rule of Law in China explores the idea that China needs a more globalized and diversified vision for the science of law, presenting the need to think differently from the two major western mainstream legal cultures, the Anglo-American and the continental systems. Other globalized, universalized, and diversified models and experiences in the rule of law from diverse civilizations have much to offer China. Through learning from the strengths exhibited by systems in countries with a very developed and well-organized rule of law, and absorbing essential aspects from different countries, China might be well positioned to promote the development of the rule of law in a robust and comprehensive manner. This book explores the topic from several perspectives, giving the reader an up-to-date resource on the ever-evolving vision for the science of law in China. Explores the situation of rule of law in China as it currently stands Presents a case that China must look beyond the two western systems of law for a more globalized vision Gives analysis on the contemporary situation, and insight into the near future Presents a particular perspective on the rule of law in China by a scholar closely involved with its actual development Translates into English, providing a new and valuable perspective to an English speaking readership
This book examines the role of mercantile networks in linking Asian economies to the global economy. It contains fourteen contributions on East, Southeast and South Asia covering the period from 1750 to the present.
Political Influence and the Limits of Global Democracy
Author: Miao-ling Lin Hasenkamp
Publisher: Bloomsbury Publishing
Category: Political Science
What effect is China's successful autocracy having on global politics? Is it leading to the decline of democracy, and the rise of 'strong man' government worldwide? China's success economically, this collection argues, is undermining the post-war consensus that 'liberal democracy is best'. In a multi-polar, Chinese-dominated world, Trump, Putin, Erdogan, and other global leaders no longer criticize China. In fact, they frequently invoke the usefulness of 'strong' and 'united' leadership. At the same time, China seeks to wear the mantle of a great power, and in doing so talks about human rights, climate change, freedom and economic liberalism. This collection examines how China views itself and where reality meets rhetoric on trade, international relations, diplomacy, economics and social policy. The contributors expertly dissect China's autocracy, and show how a ripple effect is altering the political-model consensus around the world.
While much international attention has been focused on China's developing economy, dramatic changes are also taking place in its legal system. This book is a groundbreaking, comprehensive introduction to China's legal system, covering the major areas of both civil and criminal law. The authors present fascinating cases and balanced accounts of controversial issues, from copyright law to punishment. By letting Chinese lawyers and judges speak for themselves, the authors also allow readers a surprisingly candid insider's view of real life legal practice.
Contemporary China is dynamic and complex. Recent dramatic changes in the Chinese economy, society, and environment pose numerous challenges for scholars of China. This Handbook will define contemporary China Studies for the social sciences: investigating how we can best study China; exploring the transformations of contemporary China that inform how we study China; presenting the breadth and depth of the China Studies field; and identify future directions for China Studies. In two volumes, the Handbook situates China Studies in history and context. Each chapter in Part One provides an overview and historiography of how scholars have conceptualized the Chinese state, nation, economy and environment, and analyzes trends in terms of different research approaches, types of sources, and trends in the study of these broad concepts. The next five parts cover substantive themes in China Studies, including economic transformations; politics and government; China as a global actor; urbanization and urban development; and Chinese society. In conclusion, the Handbook draws together critical discussions of emerging issues of transdisciplinary approaches to China Studies, the future of Chinese historical Studies, and the future of China in comparative contexts.
China’s leaders aspire to the prosperity, political legitimacy, and stability that flowed from America’s New Deal, but they are irrevocably opposed to the independent trade unions and mass mobilization that brought it about. Cynthia Estlund’s crisp comparative analysis makes China’s labor unrest and reform legible to Western readers.