Law And Politics In Modern China
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| Author | : Sharron Gu |
| Publisher | : |
| Total Pages | : 429 |
| Release | : 2014-05-14 |
| Genre | : LAW |
| ISBN | : 9781624991851 |
This is an original interdisciplinary study of Chinese law, its language, and political institution. Evolving within a complex literary framework over thousands of years, Chinese language has lost its conceptual distinctiveness to its multilevel and overlapping meanings and connotations. Chinese law has become inflated with contrary rulings and exceptions. This mass of rules requires an extra-lingual (legal) authority to redefine boundaries and specify applications. This book follows and continues the author's, The Boundaries of Meaning and the Formation of Law (McGill University Press) by illustrating how language shapes the formation, application, and administration of law in various cultural environments. Law and Politics in Modern China is an important book for those interested in Chinese history, culture, law, and politics. It also provides refreshing insights about the way that law continues to function after its language matures and creates contradictions and loopholes within its system of rules--one of the most important issues facing Western legal administration in the immediate future.
| Author | : Susan Trevaskes |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 303 |
| Release | : 2014-07-31 |
| Genre | : Law |
| ISBN | : 1783473878 |
The Politics of Law and Stability in China examines the nexus between social stability and the law in contemporary China. It explores the impact of Chinese Communist Partyês (CCP) rationales for social stability on legal reforms, criminal justice opera
| Author | : Quanxi Gao |
| Publisher | : Springer |
| Total Pages | : 171 |
| Release | : 2015-01-27 |
| Genre | : Law |
| ISBN | : 3662456370 |
This 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.
| Author | : William L. Tung |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 422 |
| Release | : 2012-12-06 |
| Genre | : Political Science |
| ISBN | : 9401510113 |
This book is prepared primarily for students who are interested in studying the constitutional development and government structure of twentieth-century China. Since the emergence of the Chinese consti tutional movement at the end of the nineteenth century, political institutions in China have undergone constant changes. The first four chapters treat of constitutional development and government systems from the latter part of the Ch'ing dynasty to the re-unification of China by the Nationalist Party in 1928. The other eight chapters deal with the policies, programs, and institutions of the Nationalist and Commu nist governments up to 1962. While treatises on various subjects have been consulted, the sources of this book are chiefly based on the official documents from the collections as indicated in the bibliography. Materials in the first few chapters are partly drawn from my previous works on government and politics in China. Because of the immense scope of the subject and the intricacy of the problems involved, this work is not intended to be exhaustive, but is rather a brief description and discussion of each topic under consideration. As there are many valuable works on China in general as well as on her history and inter national relations, I have tried not to cover what has already been dealt with by others. In my presentation of facts and views, I have endeavored to be as objective as possible, personal political convictions notwithstanding.
| Author | : Matthieu Burnay |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 295 |
| Release | : 2018-07-27 |
| Genre | : Law |
| ISBN | : 1788112393 |
This insightful book investigates the historical, political, and legal foundations of the Chinese perspectives on the rule of law and the international rule of law. Building upon an understanding of the rule of law as an 'essentially contested concept', this book analyses the interactions between the development of the rule of law within China and the Chinese contribution to the international rule of law, more particularly in the areas of global trade and security governance.
| 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 | : Jinfan Zhang |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 719 |
| Release | : 2014-02-20 |
| Genre | : Law |
| ISBN | : 3642232663 |
The book was first published in 1997, and was awarded the first prize of scientific research by the Ministry of Justice during the ninth Five-Year Plan of China. In 2005, it was adopted the text book for the postgraduates of law majors. In 2009, it was awarded the second prize of the best books on law in China. The book discusses from different aspects the long legal tradition in China, and it not only helps us to have a further understanding of Chinese legal system but also combines theories and practice and illustrate the modern legal transition which probes the history of Chinese legal system. As is known to us all, China is a country with a long legal history, which can be traced back to more than three thousand year ago. So the legal tradition of China has been passed down from generation to generation without any interruptions. This feature is peculiar to Chinese legal history which is beyond all comparison with that of other countries such as ancient Egypt, ancient India, ancient Babylon and ancient Persia. Through the study of Chinese legal history we can have a deeper understanding of the histories, features, origins and the transition of Chinese legal tradition. The Chinese legal tradition originated from China, and it is the embodiment of the wisdom and creativity of Chinese civilization. The great many books, researching materials, legal constitutions, archives, files and records of different dynasties in China have provided us with rare, complete and systematic materials to research. The book has a complete, systematic and detailed research on Chinese legal tradition and its transition and it gives people a correct recognition of the process of the perfection of laws during its development and its position as well as its value in the social progress in order to grasp its regular patterns. It also has showed us the most valuable part and core of Chinese legal Tradition and it is a summary of Chinese legal tradition and its transition from different perspectives, different angles and different levels. From the book, we can see that the ancient Chinese Legal Culture had once shocked the world and exerted great influence on the civilization of the world legal system, especially the legal systems in Asian countries. The book also has discussed the reestablishment of law in the late Qing Dynasty and the beginning of the Chinese law’s transition to modernity. In a word, the book has not only combined the legal system and the legal culture together, but also integrated the important historical figures and events ingeniously and it is a valuable and readable book with authenticity.
| Author | : Allen Carlson |
| Publisher | : Cambridge University Press |
| Total Pages | : |
| Release | : 2010-07-29 |
| Genre | : Political Science |
| ISBN | : 1139490427 |
Contemporary Chinese Politics: Sources, Methods, and Field Strategies considers how new and diverse sources and methods are changing the study of Chinese politics. Contributors spanning three generations in China studies place their distinct qualitative and quantitative methodological approaches in the framework of the discipline and point to challenges or opportunities (or both) of adapting new sources and methods to the study of contemporary China. How can we more effectively use new sources and methods of data collection? How can we better integrate the study of Chinese politics into the discipline of political science, to the betterment of both? This comprehensive methodological survey will be of immense interest to graduate students heading into the field for the first time and experienced scholars looking to keep abreast of the state of the art in the study of Chinese politics.
| Author | : |
| Publisher | : BRILL |
| Total Pages | : 925 |
| Release | : 2021-12-06 |
| Genre | : Political Science |
| ISBN | : 9004483616 |
This landmark volume deals with such essential questions as: What points of departure, or resources, can be identified in Chinese history and culture for what we call 'democracy'? What are, and have been, their potential for development in a modern China confronted with powerful Western influences? Are there any connections between imperial China’s strong legal tradition and the PRC’s current endeavour to restore the rule of law, in a context of legal globalization in which China itself is an important participant? How serious, or superficial, should the political opening which started in the 1980s be regarded, and the discourse on human rights currently heard in official circles? And finally, how relevant is Taiwan’s experiment with democratic institutions? In this rich and inspiring volume, foremost French scholars carefully clarify the process of political and legal change, convincingly showing that these questions cannot be answered without a proper understanding of centuries of Chinese juridical, philosophical, religious and political thought. Ouvrage publié avec le soutien du Centre national du livre/ Published with financial support by the Centre national du livre.
| 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.
