Domestic Law Reforms In Post Mao China
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Author | : Pitman B. Potter |
Publisher | : Routledge |
Total Pages | : 385 |
Release | : 2019-07-12 |
Genre | : Social Science |
ISBN | : 1315485877 |
This volume explores various aspects of the law in transition in post-Mao China. Stanley Lubman's introduction places each of the substantive chapters in the larger context of Chinese legal studies. Edward Epstein analyses the transplanting of European and Anglo-American legal ideologies into China, and the dilemmas this poses for the rule of law and legitimation in the reform period. Murray Scot Tanner analyses reforms in the legislative process, focusing particularly on the separation of the Communist Party from day-to-day legislative affairs and more pluralistic tendencies in the legislative process. William C. Jones, by addressing the opinion of the Surpreme People's Court regarding implementation of the general principles of civil law, raises compelling questions about legal interpretation in China in the context of social reform. James Feinerman analyses developments in Chinese contract law, raising the question as to whether in China it can form a basis for predictability and certainty in commercial transactions that are integral to the economic reforms. Judy Polumbaum studies developing efforts to enact a press law, reflecting the uses to which law has been put in pursuit of the political issue of press reform. Finally, Pitman Potter analyses the emerging concept of judicial review in the context of the Administrative Litigation Law of the PRC, an important aspect of political reform in China. By addressing these issues, the authors aim to reveal the various aspects of the developing autonomy that is embodied in China's legal reforms.
Author | : Shao-Chuan Leng |
Publisher | : SUNY Press |
Total Pages | : 352 |
Release | : 1985-01-01 |
Genre | : Law |
ISBN | : 9780873959490 |
The post-Mao commitment to modernization, coupled with a general revulsion against the lawlessness of the Cultural Revolution, has led to a significant law reform movement in the People's Republic of China. China's current leadership seeks to restore order and morale, to attract domestic support and external assistance for its modernization program, and to provide a secure, orderly environment for economic development. It has taken a number of steps to strengthen its laws and judicial system, among which are the PRC's first substantive and procedural criminal codes. This is the first book-length study of the most important area of Chinese law--the development, organization, and functioning of the criminal justice system in China today. It examines both the formal aspects of the criminal justice system--such as the court, the procuracy, lawyers, and criminal procedure--and the extrajudicial organs and sanctions that play important roles in the Chinese system. Based on published Chinese materials and personal interviews, the book is essential reading for persons interested in human rights and laws in China, as well as for those concerned with China's political system and economic development. The inclusion of selected documents and an extensive bibliography further enhance the value of the book.
Author | : Pitman B. Potter |
Publisher | : M.E. Sharpe |
Total Pages | : 342 |
Release | : 1994 |
Genre | : Law |
ISBN | : 9781563241079 |
Translated by William C. Jones
Author | : John Garrick |
Publisher | : Routledge |
Total Pages | : 418 |
Release | : 2016-01-29 |
Genre | : Social Science |
ISBN | : 1317354168 |
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.
Author | : Harry Harding |
Publisher | : Brookings Institution Press |
Total Pages | : 398 |
Release | : 1987 |
Genre | : China |
ISBN | : 9780815734611 |
"A study produced in cooperation with the Council on Foreign Relations." Includes bibliographical references and index.
Author | : Deborah Davis |
Publisher | : Univ of California Press |
Total Pages | : 404 |
Release | : 1993-10-02 |
Genre | : Family & Relationships |
ISBN | : 9780520082229 |
This collection of essays concerns both urban and rural Chinese communities, ranging from professional to working-class families. The contributors attempt to determine whether and to what extent the policy shifts that followed Mao Zedong's death affected Chinese families.
Author | : Yuwen Li |
Publisher | : Routledge |
Total Pages | : 511 |
Release | : 2016-03-03 |
Genre | : Law |
ISBN | : 1317026551 |
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.
Author | : Felix Wemheuer |
Publisher | : Cambridge University Press |
Total Pages | : 349 |
Release | : 2019-03-28 |
Genre | : History |
ISBN | : 1107123704 |
This new social history of Maoist China provides an accessible view of the complex and tumultuous period when China came under Communist rule.
Author | : Denis Fred Simon |
Publisher | : Harvard Univ Asia Center |
Total Pages | : 484 |
Release | : 1989 |
Genre | : Business & Economics |
ISBN | : 9780674794757 |
Along with the political and economic reforms that have characterized the post-Mao era in China there has been a potentially revolutionary change in Chinese science and technology. Here sixteen scholars examine various facets of the current science and technology scene, comparing it with the past and speculating about future trends. Two chapters dealing with science under the Nationalists and under Mao are followed by a section of extensive analysis of reforms under Deng Xiaoping, focusing on the organizational system, the use of human resources, and the emerging response to market forces. Chapters dealing with changes in medical care, agriculture, and military research and development demonstrate how these reforms have affected specific areas during the Chinese shift away from Party orthodoxy and Maoist populism toward professional expertise as the guiding principle in science and technology. Three further chapters deal with China's interface with the world at large in the process of technology transfer. Both the introductory and concluding chapters describe the tension between the Chinese Communist Party structure, with its inclinations toward strict vertical control, and the scientific and technological community's need for a free flow of information across organizational, disciplinary, and national boundaries.
Author | : Kenneth G. Lieberthal |
Publisher | : Univ of California Press |
Total Pages | : 394 |
Release | : 2024-07-26 |
Genre | : History |
ISBN | : 0520414004 |
Using a model of "fragmented authoritarianism," this volume sharpens our view of the inner workings of the Chinese bureaucracy. The contributors' interviews with politically well-placed bureaucrats and scholars, along with documentary and field research, illuminate the bargaining and maneuvering among officials on the national, provincial, and local levels. CONTRIBUTORS:Nina P. HalpernCarol Lee HamrinDavid M. LamptonKenneth G. LieberthalMelanie ManionBarry NaughtonLynne PaineJonathan D. PollackSusan L. ShirkPaul E. SchroederAndrew G. WalderDavid Zweig This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1992.