China's Legal Reforms and Their Political Limits

China's Legal Reforms and Their Political Limits
Author: Ingrid Hooghe
Publisher: Routledge
Total Pages: 189
Release: 2012-12-06
Genre: Social Science
ISBN: 113612442X

Presents new insights into recent changes in China's legal framework in areas crucial to the modernisation process. Topics include law reform to accommodate foreign interests and convert China to a market economy, the judicial system and its treatment of human rights issues, the introduction of non-tariff barriers for foreign companies, and the current privatisation process.

China's Long March Toward Rule of Law

China's Long March Toward Rule of Law
Author: Randall Peerenboom
Publisher: Cambridge University Press
Total Pages: 700
Release: 2002-09-26
Genre: History
ISBN: 9780521016742

China has enjoyed considerable economic growth in recent years in spite of an immature, albeit rapidly developing, legal system, a system whose nature, evolution and path of development have been poorly understood by scholars. Drawing on his legal and business experience in China as well as his academic background in the field, Peerenboom provides a detailed analysis of China's legal reforms. He argues that China is in transition from rule by law to a version of rule of law, though most likely not a liberal democratic version as found in economically advanced countries in the West. Maintaining that law plays a key role in China's economic growth, Peerenboom assesses reform proposals and makes his own recommendations. In addition to students and scholars of Chinese law, political science, sociology and economics, this will interest business professionals, policy advisors, and governmental and non-governmental agencies as well as comparative legal scholars and philosophers.

China's Legal Reforms and Their Political Limits

China's Legal Reforms and Their Political Limits
Author: Ingrid Hooghe
Publisher: Routledge
Total Pages: 190
Release: 2012-12-06
Genre: Social Science
ISBN: 1136124500

Presents new insights into recent changes in China's legal framework in areas crucial to the modernisation process. Topics include law reform to accommodate foreign interests and convert China to a market economy, the judicial system and its treatment of human rights issues, the introduction of non-tariff barriers for foreign companies, and the current privatisation process.

Modern Chinese Legal Reform

Modern Chinese Legal Reform
Author: Xiaobing Li
Publisher: University Press of Kentucky
Total Pages: 316
Release: 2013-02-15
Genre: History
ISBN: 0813141214

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.

Bird in a Cage

Bird in a Cage
Author: Stanley B. Lubman
Publisher: Stanford University Press
Total Pages: 464
Release: 1999
Genre: Law
ISBN: 9780804743785

This book analyzes the principal legal institutions that have emerged in China and considers implications for U.S. policy of the limits on China's ability to develop meaningful legal institutions.

China's Legal Reform

China's Legal Reform
Author: Keyuan Zou
Publisher: Martinus Nijhoff Publishers
Total Pages: 279
Release: 2006
Genre: Law
ISBN: 9004152326

China'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.

Domestic Law Reforms in Post-Mao China

Domestic Law Reforms in Post-Mao China
Author: Pitman B. Potter
Publisher: Routledge
Total Pages: 385
Release: 2019-07-12
Genre: Social Science
ISBN: 1315485877

This volume explores various aspects of the law in transition in post-Mao China. Stanley Lubman's introduction places each of the substantive chapters in the larger context of Chinese legal studies. Edward Epstein analyses the transplanting of European and Anglo-American legal ideologies into China, and the dilemmas this poses for the rule of law and legitimation in the reform period. Murray Scot Tanner analyses reforms in the legislative process, focusing particularly on the separation of the Communist Party from day-to-day legislative affairs and more pluralistic tendencies in the legislative process. William C. Jones, by addressing the opinion of the Surpreme People's Court regarding implementation of the general principles of civil law, raises compelling questions about legal interpretation in China in the context of social reform. James Feinerman analyses developments in Chinese contract law, raising the question as to whether in China it can form a basis for predictability and certainty in commercial transactions that are integral to the economic reforms. Judy Polumbaum studies developing efforts to enact a press law, reflecting the uses to which law has been put in pursuit of the political issue of press reform. Finally, Pitman Potter analyses the emerging concept of judicial review in the context of the Administrative Litigation Law of the PRC, an important aspect of political reform in China. By addressing these issues, the authors aim to reveal the various aspects of the developing autonomy that is embodied in China's legal reforms.

China's Legal Reforms

China's Legal Reforms
Author: Stanley B. Lubman
Publisher: Oxford University Press, USA
Total Pages: 240
Release: 1996
Genre: Law
ISBN:

Since the early 1980s, the People's Republic of China has been building legal institutions where no meaningful ones had existed before. This collection of essays by leading international scholars of Chinese law analyses the accomplishments of Chinese law reform and the problems that confrontthe Chinese leadership and the Chinese people in their struggle to define the role of law in China. Chinese economic reforms have led to a dramatic rate of economic growth, and have also made China the world's leader in attracting foreign capital. A sound legal system is not only essential forcontinued economic growth and foreign investment, but its future development will express and reflect the evolution of China's post-totalitarian political institutions.These essays focus on the changing Chinese conceptions of the role of law in shaping family relationships; the effectiveness of the courts in civil litigation; the operation of the criminal process; judicial decision-making; the evolution of a legislative process; the growth of a legal profession;the legal framework of foreign direct investment in China; and China's record as a member of the international community. An overview by the editor identifies the emerging functions performed in Chinese society by the new legal institutions and tries to analyse likely major influences on them in thenear future, including, among other contradictory forces, increased consciousness of individual rights and a tenacious insistence by the Chinese Communist Party on maintaining its power.

The Chinese Legal System

The Chinese Legal System
Author: Pitman B. Potter
Publisher: Routledge
Total Pages: 571
Release: 2005-07-08
Genre: Social Science
ISBN: 1134561296

The legal system of the People's Republic of China has seen significant changes since legal reforms began in 1978. At the end of the second decade of legal reform, law-making and institution-building have reached impressive levels. Understanding the operation and possible futures of law in the People's Republic of China requires an appreciation of the normative influences on the system, as well as an examination of how these norms have worked in practice.

The Limits of the Rule of Law in China

The Limits of the Rule of Law in China
Author: Karen G. Turner
Publisher: University of Washington Press
Total Pages: 384
Release: 2015-05-01
Genre: History
ISBN: 0295803894

In The Limits of the Rule of Law in China, fourteen authors from different academic disciplines reflect on questions that have troubled Chinese and Western scholars of jurisprudence since classical times. Using data from the early 19th century through the contemporary period, they analyze how tension between formal laws and discretionary judgment is discussed and manifested in the Chinese context. The contributions cover a wide range of topics, from interpreting the rationale for and legacy of Qing practices of collective punishment, confession at trial, and bureaucratic supervision to assessing the political and cultural forces that continue to limit the authority of formal legal institutions in the People’s Republic of China.