Chinese Complaint Systems

Chinese Complaint Systems
Author: Qiang Fang
Publisher: Routledge
Total Pages: 251
Release: 2013-01-25
Genre: History
ISBN: 1135088578
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Complaint systems have existed in China for many years, and in 2004, a debate took place in the People’s Republic of China (PRC) over the Letters and Visits System (xinfang zhidu), which was designed to allow people to register complaints with the upper levels of the government. However, both parties generally overlooked several different complaint systems that had preceded the Letters and Visits System during China’s history. Indeed, despite the rich heritage of numerous complaint systems throughout China’s past, most studies of complaint systems in China have paid little attention to the origins, development, practices, impact, and nature of similar institutions in the longue durée of Chinese history. Presenting a comprehensive study of complaint systems in Chinese history from early times to the present, this important book fills the gap in existing literature on complaint systems in China. Drawing on primary sources, Qiang Fang analyses the significance of continuities and changes in historical complaint systems for contemporary China, where the state continues to be nominally strong, but actually fragile. Unlike other major theories of popular resistance to the state in China, such as ‘everyday resistance’, ‘rightful resistance’ and resistance ‘as legal rights’, this book develops the theory that behind Chinese complaint systems, there was a mentality of ‘natural resistance’ that has been deeply embedded in Chinese culture, political philosophy, and folk religion for millennia. Given this history, Fang concludes that it is likely that some form of complaint system will continue to exist, and by helping to mitigate the increasing demands of the Chinese state on the Chinese, will serve to strengthen the state. An essential contribution understanding the strengths, weaknesses, and various roles of the Letters and Visits System in contemporary China, as well as the systems that have preceded it throughout China’s long history, this book will be of huge interest to students and scholars of Chinese history, politics and law.

China's Embedded Activism

China's Embedded Activism
Author: Peter Ho
Publisher: Routledge
Total Pages: 277
Release: 2007-10-19
Genre: Political Science
ISBN: 1134080549
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In recent years China has been remarkable in achieving extraordinary economic transformation, yet without fundamental political change. To many observers this would seem to imply a weakness in Chinese civil society. However, though the idea of democracy as multitudes of citizens taking to the streets may be attractive, it is simultaneously misleading as it disregards the nature of political change taking place in China today: a gradual shift towards a polity adapted to a pluralist society. At the same time, one may wonder what the limited political space implies for the development of a social movement in China. This book explores this question by focusing on one of the most active areas of Chinese civil society: the environment. China’s Embedded Activism argues that China’s semi-authoritarian limitations on the freedom of association and speech, coupled with increased social spaces for civic action has created a milieu in which activism occurs in an embedded fashion. The semi-authoritarian atmosphere is restrictive of, but paradoxically, also conducive to nationwide, collective action with less risk of social instability and repression at the hand of the governing elite. Rich in case studies about environmental civic organizations in China, and written by a team of international experts on social movements, NGOs, democratization, and civil society, this book addresses a wide readership of students, scholars and professionals interested in development, geography and environment, political change, and contemporary Chinese society.

Modern Chinese Legal Reform

Modern Chinese Legal Reform
Author: Xiaobing Li
Publisher: University Press of Kentucky
Total Pages: 318
Release: 2013-01-01
Genre: History
ISBN: 0813141206
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China's rapid socioeconomic transformation of the past twenty years has led to dramatic changes in its judicial system and legal practices. As China becomes more powerful on the world stage, the global community has dedicated more resources and attention to understanding the country's evolving democratization, and policymakers have identified the development of civil liberties and long-term legal reforms as crucial for the nation's acceptance as a global partner. Modern Chinese Legal Reform is designed as a legal and political research tool to help English-speaking scholars interpret the many recent changes to China's legal system. Investigating subjects such as constitutional history, the intersection of politics and law, democratization, civil legal practices, and judicial mechanisms, the essays in this volume situate current constitutional debates in the context of both the country's ideology and traditions and the wider global community. Editors Xiaobing Li and Qiang Fang bring together scholars from multiple disciplines to provide a comprehensive and balanced look at a difficult subject. Featuring newly available official sources and interviews with Chinese administrators, judges, law-enforcement officers, and legal experts, this essential resource enables readers to view key events through the eyes of individuals who are intimately acquainted with the challenges and successes of the past twenty years.

Handling of Unyielding Complaints in China

Handling of Unyielding Complaints in China
Author: Xiaowei Gui
Publisher: Springer Nature
Total Pages: 206
Release: 2022-09-28
Genre: Political Science
ISBN: 9811959242
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This book provides a framework of protest handling which redirects our attention away from the strength of protesters and towards the constraints of state power, drawing on detailed case studies randomly collected in 7 provinces in China over the last decade. It finds that the challenges of retaining legitimacy, the propensity for responsiveness, the contradictions of the petition system, and the dynamics of elite alignments are key elements shaping the fate of nail-like petitions. A nail-like person refers to the individual who looks like a stubborn nail on a plank of wood that cannot be easily hammered down. His persistent protest thus is theoretically puzzling, since such individual-based protest is assumed to be too weak to effectively challenge a powerful authoritarian regime. Although this phenomenon is widely observed in China, it is ignored by current studies on collective action. Meanwhile, this book delves into the life politics of nail-like persons and reveals that their escalation of grievance, marginalized social status, inability of pursuing desirable lives through legitimate means, and communication with fellow petitioners also reinforce their determination of contention. This book describes deeply the fate of individual-based protests in China. It scrutinizes the state’s role in shaping contention at its macro, intermediate, and micro levels, and meanwhile pay more attention to local specifics that are crucial to uncovering the logic of petitioners' actions and consciousness. This book has implications for scholars and graduates who are interested in contentious politics and state-society interactions in China.

Comparative and Global Environmental Law and Policy

Comparative and Global Environmental Law and Policy
Author: Tseming Yang
Publisher: Aspen Publishing
Total Pages: 1222
Release: 2019-09-13
Genre: Law
ISBN: 1543815189
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Written by leading scholars and experts with extensive practice and teaching experience in the field, Comparative and Global Environmental Law and Policy offers a student-friendly approach to the study of a rapidly evolving and important area of law. Its multi-jurisdictional selection of judicial opinions and legal materials introduces students to the worldwide reach of environmental law. Through its substance, the book familiarizes students not only with governing and emerging legal principles but also demonstrates how legal norms are applied to specific issues and contexts, illustrating how law-on-the-books becomes law-in-action. Student understanding is reinforced by problem exercises and discussion questions. Professors and students will benefit from: A multi-jurisdictional selection of environmental law cases and regulatory materials from across the world, with many cases from the developing world and emerging economies. Separate chapters on rapidly evolving and critical topics such as rights of nature, sustainability, corporations and private environmental governance, human rights and the environment, and climate change. Presentation of basic background principles of environmental law, institutions, and governance and their operation in international, national and subnational systems, including indigenous governance systems. Emphasis across the book on issues of institutions and governance as well as enforcement and effectiveness. Judicial opinions providing an authoritative articulation of how legal principles are applied in various systems. Numerous problem exercises and discussion questions to introduce topics and reinforce concepts and materials. Integrated perspective on the relationship of international and transnational environmental law, national environmental law, environmental norms and principles in other settings such as in private environmental governance, and governance institutions.

The Citizen and the Chinese State

The Citizen and the Chinese State
Author: Perry Keller
Publisher: Routledge
Total Pages: 375
Release: 2017-03-02
Genre: Law
ISBN: 135189272X
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This volume addresses several core questions regarding the nature of law in China and its future development. In particular, these articles shed light on whether the rule of law ideal is commensurable with government based on the Chinese Communist Party. Beginning virtually from scratch, China has established a comprehensive legal system that boasts a constitution, primary and secondary legislation and plentiful regulations covering most areas of public and private life. Yet, as these articles discuss, its courts are enmeshed in Party and state hierarchies and are not empowered to directly apply constitutional principles or rights, ensuring that the law is subordinate to national public policy goals. Legal and extra-legal methods for punishing wrongdoing and resolving disputes also raise questions of due process of law. Ultimately, the question is therefore whether China's legal system, if eschewing formalised human rights, is developing a capacity to protect fundamental human dignity.

Green Asia

Green Asia
Author: Tania Lewis
Publisher: Taylor & Francis
Total Pages: 207
Release: 2016-09-13
Genre: Social Science
ISBN: 1317524748
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Economic development in Asia is associated with expanding urbanism, overconsumption, and a steep growth in living standards. At the same time, rapid urbanisation, changing class consciousness, and a new rural–urban divide in the region have led to fundamental shifts in the way ecological concerns are articulated politically and culturally. Moreover, these changes are often viewed through a Western moralistic lens, which at the same time applauds Asia’s economic growth as the welcome reviver of a floundering world economy and simultaneously condemns this growth as encouraging hyperconsumerism and a rupture with more natural ways of living. This book presents an analysis of a range of practices and activities from across Asia that demonstrate that people in Asia are alert to ecological concerns, that they are taking action to implement new styles of green living, and that Asia offers interesting alternatives to narrow Anglo-American models of sustainable living. Subjects explored include eco-tourism in the Philippines, green co-operatives in Korea, the importance of "tradition" within Asian discourses of sustainability, and much more.