The Chinese Road of the Rule of Law

The Chinese Road of the Rule of Law
Author: Lin Li
Publisher: Springer
Total Pages: 321
Release: 2018-06-06
Genre: Law
ISBN: 9811089655

This book studies the practical experience and theoretical development of rule of law in China, and provides fundamental theory for the construction of rule of law in contemporary China. The author examines the rule of law by exploring the entire legal system, and highlighting various aspects including the legislation, law enforcement and supervision systems. Readers will also discover the author’s strong opinions on scientific legislation, legal government, judicial reform, and the culture of rule of law. This highly readable book will appeal to both general readers and researchers interested in rule of law in China.

Building the Rule of Law in China

Building the Rule of Law in China
Author: Lin Li
Publisher: Elsevier
Total Pages: 353
Release: 2017-03-21
Genre: Law
ISBN: 008102231X

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

International Governance and the Rule of Law in China under the Belt and Road Initiative

International Governance and the Rule of Law in China under the Belt and Road Initiative
Author: Yun Zhao
Publisher: Cambridge University Press
Total Pages: 345
Release: 2018-10-18
Genre: Law
ISBN: 1108349722

This edited volume aims at examining China's role in the field of international governance and the rule of law under the Belt and Road Initiative from a holistic manner. It seeks alternative analytical frameworks that not only take into account legal ideologies and legal ideals, but also local demand and socio-political circumstances, to explain and understand China's legal interactions with countries along the Road, so that more useful insights can be produced in predicting and analysing China's as well as other emerging Asian countries' legal future. Authors from Germany, Korea, Singapore, Mainland China, Taiwan and Hong Kong have contributed to this edited volume, which produces academic dialogues and conducts intellectual exchanges in specific sub-themes.

Judicial Independence in China

Judicial Independence in China
Author: Randall Peerenboom
Publisher: Cambridge University Press
Total Pages: 440
Release: 2009-11-23
Genre: Law
ISBN: 1107375584

This volume challenges the conventional wisdom about judicial independence in China and its relationship to economic growth, rule of law, human rights protection, and democracy. The volume adopts an interdisciplinary approach that places China's judicial reforms and the struggle to enhance the professionalism, authority, and independence of the judiciary within a broader comparative and developmental framework. Contributors debate the merits of international best practices and their applicability to China; provide new theoretical perspectives and empirical studies; and discuss civil, criminal, and administrative cases in urban and rural courts. This volume contributes to several fields, including law and development and the promotion of rule of law and good governance, globalization studies, neo-institutionalism and studies of the judiciary, the emerging literature on judicial reforms in authoritarian regimes, Asian legal studies, and comparative law more generally.

Belt And Road Initiative, The: Implications For The International Order

Belt And Road Initiative, The: Implications For The International Order
Author: Moritz Rudolf
Publisher: World Scientific
Total Pages: 525
Release: 2021-09-14
Genre: Political Science
ISBN: 981123857X

This book showcases how the People's Republic of China (PRC) has been utilizing the Belt and Road Initiative (BRI) to reshape the global order. Dissecting China's increasingly assertive international behaviour, the book demonstrates how the PRC projects its self-perception onto the international order. The book outlines five aspects of China's international role projection, which the PRC applies selectively, depending on its target audience: (1) The bearer of traditional Chinese culture; (2) The humiliated nation; (3) The socialist state with Chinese characteristics; (4) The developing state and promoter of international development; (5) The authoritarian globalization optimist.Drawing on an in-depth analysis of hundreds of primary BRI documents, the book offers a comprehensive overview of China's most crucial foreign policy agenda item. It demonstrates how, through the BRI, the PRC has introduced mechanisms to the international level, which reflect its domestic policy-making mode. In addition, the PRC has institutionalized the initiative by establishing China-centered BRI networks across a wide range of policy areas. Within those emerging China-centered BRI networks, the PRC systematically increases its international discursive power, for example, by inserting Chinese vocabulary into UN resolutions or by promoting Beijing's approaches vis-à-vis 'the rule of law' across a range of developing states. This book also further discusses the implications of the BRI for the international legal order.

China's National Security

China's National Security
Author: Cora Chan
Publisher: Bloomsbury Publishing
Total Pages: 366
Release: 2020-03-05
Genre: Law
ISBN: 1509928162

All states are challenged by the need to protect national security while maintaining the rule of law, but the issue is particularly complex in the China–Hong Kong context. This timely and important book explores how China conceives of its national security and the position of Hong Kong. It considers the risks of introducing national security legislation in Hong Kong, and Hong Kong's sources of resilience against encroachments on its rule of law that may come under the guise of national security. It points to what may be needed to maintain Hong Kong's rule of law once China's 50-year commitment to its autonomy ends in 2047. The contributors to this book include world-renowned scholars in comparative public law and national security law. The collection covers a variety of disciplines and jurisdictions, and both scholarly and practical perspectives to present a forward-looking analysis on the rule of law in Hong Kong. It illustrates how Hong Kong may succeed in resisting pressure to advance China's security interests through repressive law. Given China's growing international stature, the book's reflections on China's approach to security have much to tell us about its potential impact on the global political, security, and economic order.

The Chinese Path of Rule of Law Construction

The Chinese Path of Rule of Law Construction
Author: He Tian
Publisher: Springer Nature
Total Pages: 249
Release: 2021-08-09
Genre: Law
ISBN: 9811641307

This book provides law-based governance which is one of the basic policies that underpins our endeavors to uphold and develop socialism with Chinese characteristics in the new era. Law is the key to governing the country,and the rule of law is an important support for the national governance system and governance capacity. Since the 18th National Congress of the CPC,China has implemented the four-pronged comprehensive strategy and created an unprecedented new situation for law-based governance. Further progress has been made in ensuring China’s legislation is sound,law enforcement is strict, the administration of justice is impartial,and the law is observed by everyone. China’s efforts to build a country, government,and society based on the rule of law have been mutually reinforcing; the system of distinctively Chinese socialist rule of law has been steadily improved; public awareness of the rule of law has risen markedly. In recent years, China has adhered to the correct handling of the relationship between deepening reform and law-based governance,ensuring that major reforms are justified by law and providing solid guarantees of the rule of law for reform and opening-up. China has adhered to combine law-based governance of the country and rule-based governance over the party and exercised law-based governance at every point in the process and over every dimension of full and rigorous governance over the party and has made remarkable achievements in the construction of a clean and honest government and the struggle against corruption.

Money and the Rule of Law

Money and the Rule of Law
Author: Peter J. Boettke
Publisher: Cambridge University Press
Total Pages: 213
Release: 2021-06-03
Genre: Business & Economics
ISBN: 110884619X

Contemporary monetary institutions are flawed at a foundational level. The reigning paradigm in monetary policy holds up constrained discretion as the preferred operating framework for central banks. But no matter how smart or well-intentioned are central bankers, discretionary policy contains information and incentive problems that make macroeconomic stability systematically unlikely. Furthermore, central bank discretion implicitly violates the basic jurisprudential norms of liberal democracy. Drawing on a wide body of scholarship, this volume presents a novel argument in favor of embedding monetary institutions into a rule of law framework. The authors argue for general, predictable rules to provide a sturdier foundation for economic growth and prosperity. A rule of law approach to monetary policy would remedy the flaws that resulted in misguided monetary responses to the 2007-8 financial crisis and the COVID-19 pandemic. Understanding the case for true monetary rules is the first step toward creating more stable monetary institutions.

Customary Justice and the Rule of Law in War-torn Societies

Customary Justice and the Rule of Law in War-torn Societies
Author: Deborah Isser
Publisher: US Institute of Peace Press
Total Pages: 402
Release: 2011
Genre: History
ISBN: 1601270666

The major peacekeeping and stability operations of the last ten years have mostly taken place in countries that have pervasive customary justice systems, which pose significant challenges and opportunities for efforts to reestablish the rule of law. These systems are the primary, if not sole, means of dispute resolution for the majority of the population, but post-conflict practitioners and policymakers often focus primarily on constructing formal justice institutions in the Western image, as opposed to engaging existing traditional mechanisms. This book offers insight into how the rule of law community might make the leap beyond rhetorical recognition of customary justice toward a practical approach that incorporates the realities of its role in justice strategies."Customary Justice and the Rule of Law in War-Torn Societies" presents seven in-depth case studies that take a broad interdisciplinary approach to the study of the justice system. Moving beyond the narrow lens of legal analysis, the cases Mozambique, Guatemala, East Timor, Afghanistan, Liberia, Iraq, Sudan examine the larger historical, political, and social factors that shape the character and role of customary justice systems and their place in the overall justice sector. Written by resident experts, the case studies provide advice to rule of law practitioners on how to engage with customary law and suggest concrete ways policymakers can bridge the divide between formal and customary systems in both the short and long terms. Instead of focusing exclusively on ideal legal forms of regulation and integration, this study suggests a holistic and flexible palette of reform options that offers realistic improvements in light of social realities and capacity limitations. The volume highlights how customary justice systems contribute to, or detract from, stability in the immediate post-conflict period and offers an analytical framework for assessing customary justice systems that can be applied in any country. "

Chinese Perspectives on the International Rule of Law

Chinese Perspectives on the International Rule of Law
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.