Chinese Legality
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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.
Author | : Mary E. Gallagher |
Publisher | : Cambridge University Press |
Total Pages | : 271 |
Release | : 2017-09-07 |
Genre | : Law |
ISBN | : 110708377X |
This book examines Chinese workers' experiences and shows how disenchantment with the legal system drives workers from the courtroom to the streets.
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.
Author | : Shiping Hua |
Publisher | : Taylor & Francis |
Total Pages | : 266 |
Release | : 2022-12-30 |
Genre | : Political Science |
ISBN | : 1000826600 |
Chinese Legality focuses on the concept of "legality" as a lens through which to look at Chinese legal reforms, making a valuable contribution to the argument that law has historically been used as a tool to control society in China. This book discusses how Chinese legality in the Xi Jinping era is defined from a theoretical, ideological, historical, and cultural point of view. Covering vitally important events such as Xi’s term limit issue, the Hong Kong protests and the Covid-19 pandemic, the book examines how legality is reflected and embodied in laws and constitutions, and how legality is realized through institutions, with particular focus on how the CCP interacts with the legislature, the judiciary, the procuratorate, and the police. As a study of the legal reforms under Xi Jinping, this book will be of interest to students and scholars of Chinese politics and law.
Author | : Rogier J. E. H. Creemers |
Publisher | : Cambridge University Press |
Total Pages | : 285 |
Release | : 2022-07-28 |
Genre | : Law |
ISBN | : 9781108818919 |
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 | : Chun Peng |
Publisher | : Cambridge University Press |
Total Pages | : 353 |
Release | : 2018-04-19 |
Genre | : Law |
ISBN | : 1108126057 |
One 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 | : Shitong Qiao |
Publisher | : Cambridge University Press |
Total Pages | : 231 |
Release | : 2017-10-19 |
Genre | : Business & Economics |
ISBN | : 1107176239 |
Qiao demonstrates how an impersonal and unbounded market can operate without legal protection or enforcement of property and contract rights.
Author | : Teemu Ruskola |
Publisher | : Harvard University Press |
Total Pages | : 358 |
Release | : 2013-06-03 |
Genre | : Law |
ISBN | : 0674075781 |
Since the Cold War ended, China has become a global symbol of disregard for human rights, while the United States has positioned itself as the world’s chief exporter of the rule of law. How did lawlessness become an axiom about Chineseness rather than a fact needing to be verified empirically, and how did the United States assume the mantle of law’s universal appeal? In a series of wide-ranging inquiries, Teemu Ruskola investigates the history of “legal Orientalism”: a set of globally circulating narratives about what law is and who has it. For example, why is China said not to have a history of corporate law, as a way of explaining its “failure” to develop capitalism on its own? Ruskola shows how a European tradition of philosophical prejudices about Chinese law developed into a distinctively American ideology of empire, influential to this day. The first Sino-U.S. treaty in 1844 authorized the extraterritorial application of American law in a putatively lawless China. A kind of legal imperialism, this practice long predated U.S. territorial colonialism after the Spanish-American War in 1898, and found its fullest expression in an American district court’s jurisdiction over the “District of China.” With urgent contemporary implications, legal Orientalism lives on in the enduring damage wrought on the U.S. Constitution by late nineteenth-century anti-Chinese immigration laws, and in the self-Orientalizing reforms of Chinese law today. In the global politics of trade and human rights, legal Orientalism continues to shape modern subjectivities, institutions, and geopolitics in powerful and unacknowledged ways.
Author | : Anita Chan |
Publisher | : Routledge |
Total Pages | : 321 |
Release | : 2015-12-22 |
Genre | : Political Science |
ISBN | : 1317272587 |
In 1974, a small group of young intellectuals, the Li Yizhe group, circulated their dissident manifesto, ‘On Socialist Democracy and the Legal System,’ a probing critique of the leftist authoritarianism of Mao Zedong. This title examines the writings of these dissidents as a means to better understand the views of non-Party Marxists in their struggle to defy the government and construct their own vision of a socialist China. Originally published in 1985, this title remains relevant in relation to contemporary Chinese politics and will be of interest to students of Asian Studies and Politics.
Author | : Shucheng Wang |
Publisher | : Cambridge University Press |
Total Pages | : 241 |
Release | : 2022-07-21 |
Genre | : Law |
ISBN | : 1009152564 |
Wang shows how the law in China is conceptually reconfigured and instrumentally employed to shore up an illiberal authoritarian regime.