Chinese Legal Reform and the Global Legal Order

Chinese Legal Reform and the Global Legal Order
Author: Yun Zhao
Publisher: Cambridge University Press
Total Pages: 327
Release: 2018
Genre: Law
ISBN: 110718200X

A critical evaluation of the latest reform in Chinese law that engages legal scholarship with research of Chinese legal historians.

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.

The Judicial System and Reform in Post-Mao China

The Judicial System and Reform in Post-Mao China
Author: Dr Yuwen Li
Publisher: Ashgate Publishing, Ltd.
Total Pages: 305
Release: 2014-11-28
Genre: Law
ISBN: 1472436075

This comprehensive study examines the development and changing characteristics of the judicial system and reform process over the past three decades in China. As the role of courts in society has increased so too has the amount of public complaints about the judiciary. At the same time, political control over the judiciary has retained its tight-grip. The shortcomings of the contemporary system, such as institutional deficiencies, shocking cases of injustice and cases of serious judicial corruption, are deemed quite appalling by an international audience. Using a combination of traditional modes of legal analysis, case studies, and empirical research, this study reflects upon the complex progress that China has made, and continues to make, towards the modernisation of its judicial system. Li offers a better understanding on how the judicial system has transformed and what challenges lay ahead for further enhancement. This book is unique in providing both the breadth of coverage and yet the substantive details of the most fundamental as well as controversial subjects concerning the operation of the courts in China.

The Evolution of Law Reform in China

The Evolution of Law Reform in China
Author: Stanley B. Lubman
Publisher: Edward Elgar Publishing
Total Pages: 0
Release: 2012
Genre: Law
ISBN: 9781848449763

This timely collection presents articles written by Chinese and Western authors on law reform in the People's Republic of China from its beginning in 1978 until the present day. The first part presents differing perspectives on the history of law reform. Separate sections are devoted to core institutions: the Constitution, the legislature, administrative law, courts, criminal process, the legal profession, extra-judicial dispute resolution and citizen petitions. Alongside an original introduction the book will be of interest to readers with specialized interests in Chinese law but also to anyone interested in China's governance.

Legal Reforms in China and Vietnam

Legal Reforms in China and Vietnam
Author: John Gillespie
Publisher: Routledge
Total Pages: 436
Release: 2010-09-13
Genre: Law
ISBN: 1136978429

Although the adoption of market reforms has been a key factor leading to China’s recent economic growth, China continues to be governed by a communist party and has a socialist-influenced legal system. Vietnam, starting later, also with a socialist-influenced legal system, has followed a similar reform path, and other countries too are now looking towards China and Vietnam as models for development. This book provides a comprehensive, comparative assessment of legal developments in China and Vietnam, examining similarities and differences, and raising important questions such as: Is there a distinctive Chinese model, and/or a more general East Asian Model? If so, can it be flexibly applied to social and economic conditions in different countries? If it cannot be applied to a culturally and politically similar country like Vietnam, is the model transportable elsewhere in the world? Combining ‘micro’ or interpretive methods with ‘macro’ or structural traditions, the book provides a nuanced account of legal reforms in China and Vietnam, highlighting the factors likely to promote, change or resist the spread of the Chinese model.

Chinese Legal Culture and Constitutional Order

Chinese Legal Culture and Constitutional Order
Author: Shiping Hua
Publisher: Routledge
Total Pages: 174
Release: 2019-03-27
Genre: Law
ISBN: 0429515537

This book examines China’s striving for a constitutional order in the 20th century from comparative, historical, and theoretical perspectives. Through a comprehensive study of six major constitutional reforms experienced by China in the last century, Shiping Hua explores pragmatism, instrumentalism, statism, and favoritism as the key features of the Chinese legal culture. Demonstrating that these characteristics have roots in China’s ancient past and coincide with modern communist legal theory, it argues that Chinese legal culture has greatly impacted upon the country’s move to modernize its legal system. By analyzing key constitutional periods in China’s history, this book also evaluates patterns that can be used to better comprehend not only China’s present legal reform but its future legal developments too. As the first book to examine how the Chinese legal culture has affected constitutional reform in the 20th century, Chinese Legal Culture and Constitutional Order will be useful to students and scholars of Asian and constitutional law, as well as Chinese Studies more generally. Winner of the 2019 ACPSS (Association of Chinese Professors of Social Sciences in the United States) Best Scholarly Publication Award for Original Research.

Asian Socialism & Legal Change

Asian Socialism & Legal Change
Author: John Gillespie
Publisher: ANU E Press
Total Pages: 354
Release: 2005-08-01
Genre: Social Science
ISBN: 1920942270

The immense process of economic and social transformation currently underway in China and Vietnam is well known and extensively documented. However, less attention has been devoted to the process of Chinese and Vietnamese legal change which is nonetheless critical for the future politics, society and economy of these two countries. In a unique comparative approach that brings together indigenous and international experts, Asian Socialism and Legal Change analyzes recent developments in the legal sphere in China and Vietnam. This book presents the diversity and dynamism of this process in China and Vietnam-the impact of socialism, constitutionalism and Confucianism on legal development; responses to change among enterprises and educational and legal institutions; conflicts between change led centrally and locally; and international influences on domestic legal institutions. Core socialist ideas continue to shape society, but have been adapted to local contexts and needs, in some areas more radically than in others. This book is the first systematic analysis of legal change in transitional economies.

The Chinese Legal System

The Chinese Legal System
Author: Pitman B. Potter
Publisher: Routledge
Total Pages: 272
Release: 2005-07-08
Genre: Law
ISBN: 113456130X

This book analyses the major features of the Chinese legal system, on the eve of its accession to the World Trade Organisation and will be essential reading for students and academics in the field of Chinese law.

China's Socialist Rule of Law Reforms Under Xi Jinping

China's Socialist Rule of Law Reforms Under Xi Jinping
Author: John Garrick
Publisher: Routledge
Total Pages: 284
Release: 2016-01-29
Genre: Social Science
ISBN: 1317354176

Under the direction of the Communist Party of China (CPC), key legal challenges have been identified which will shape the modernization of China’s legal and administrative institutions. An increasingly complex set of legal actors now seek to influence this development, including securities regulators, bankers, accountants, lawyers, local-level mediators and some of China’s newly rich. Whilst the rising middle class wants to voice its interests and concerns, the CPC strives to maintain its leading role. This book provides a critical appraisal of China’s deepening socialist rule of law and looks ahead to the implications of the domestic reforms for the international legal domain. With contributions from leading Chinese law specialists, it draws on specific illustrations from judicial reform, constitutional law, procedural law, anti-corruption, property law and urban development, socio-economic dispute resolution and Chinese macro-economics. The book questions how China’s domestic law reforms will impact international legal systems, and how international law can be used in managing key regional and bilateral relationships and in dispute resolution, such as in the South China Sea and international trade. Assessing the state and direction of domestic law reform and including debates around the legal implications of some of China’s most pressing foreign policy challenges today, this volume will be of huge interest to students, scholars and practitioners with an interest in Asia law, Chinese law, international law, comparative law and law reform.