The Road To The Rule Of Law In Modern China
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| 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 | : 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.
| 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 | : 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.
| Author | : Sharron Gu |
| Publisher | : Cambria Press |
| Total Pages | : 430 |
| Release | : 2009 |
| Genre | : History |
| ISBN | : 1604976047 |
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 | : 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
| Author | : Ronald C. Keith |
| Publisher | : Springer |
| Total Pages | : 300 |
| Release | : 2016-07-27 |
| Genre | : Political Science |
| ISBN | : 1349131105 |
The 'rule of law' is more than the mere existence and application of law within the sphere of state activity. Contemporary Chinese debate on the 'rule of law' underlines the limiting of arbitrary government, the materialisation of 'human rights', legal protection of 'rights and interests' and the principle of equality in the impartial legal mediation of conflicts within society's 'structure of interests'. Based upon China interviews and a comprehensive survey of the domestic press and Chinese-language legal journal materials, this book places pre- and post-Tiananmen Square legal reform in political context. The evolving contents of specific laws across the departments of constitutional, administrative, criminal, civil and economic law are assessed in light of the politics and intellectual dynamic of China's legal circles in their struggle to create a '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.
| Author | : Xiaobo Dong |
| Publisher | : Springer |
| Total Pages | : 0 |
| Release | : 2024-04-12 |
| Genre | : Law |
| ISBN | : 9789819723126 |
This book systematically explores the historical development, connotation, characteristics and cultural resources of Chinese rule of law path based on the combination theory and practice. It also comprehensively reveals the overall objectives and promotion models of Chinese rule of law path, theoretically expounds the people-oriented nature of Chinese Thought on the Rule of Law and the global initiatives of Chinese rule of law path, and proposes the important guarantee of realizing the global initiatives of Chinese rule of law path——the cultivation of foreign-related rule of law talents. From this book, readers, not only scholars and experts specialized in relevant fields but also layman interested in legal life of modern China, can truly grasp the rich connotation of the socialist rule of law with Chinese characteristics in the new era and have a refreshing understanding of contemporary legal culture of China.
| Author | : Samuli Seppänen |
| Publisher | : Cambridge University Press |
| Total Pages | : 233 |
| Release | : 2016-10-20 |
| Genre | : Law |
| ISBN | : 1107142903 |
This book studies ideological divisions within Chinese legal academia and their relationship to arguments about the rule of law. The book describes argumentative strategies used by Chinese legal scholars to legitimize and subvert China's state-sanctioned ideology. It also examines Chinese efforts to invent new, alternative rule of law conceptions. In addition to this descriptive project, the book advances a more general argument about the rule of law phenomenon, insisting that many arguments about the rule of law are better understood in terms of their intended and actual effects rather than as analytic propositions or descriptive statements. To illustrate this argument, the book demonstrates that various paradoxical, contradictory and otherwise implausible arguments about the rule of law play an important role in Chinese debates about the rule of law. Paradoxical statements about the rule of law, in particular, can be useful for an ideological project.
