Chinese Legal Reform and the Global Legal Order

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Author :
Publisher : Cambridge University Press
ISBN 13 : 110718200X
Total Pages : 327 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Chinese Legal Reform and the Global Legal Order by : Yun Zhao

Download or read book Chinese Legal Reform and the Global Legal Order written by Yun Zhao and published by Cambridge University Press. This book was released on 2018 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical evaluation of the latest reform in Chinese law that engages legal scholarship with research of Chinese legal historians.

Bird in a Cage

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Publisher : Stanford University Press
ISBN 13 : 9780804743785
Total Pages : 464 pages
Book Rating : 4.7/5 (437 download)

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Book Synopsis Bird in a Cage by : Stanley B. Lubman

Download or read book Bird in a Cage written by Stanley B. Lubman and published by Stanford University Press. This book was released on 1999 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004152326
Total Pages : 279 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis China's Legal Reform by : Keyuan Zou

Download or read book China's Legal Reform written by Keyuan Zou and published by Martinus Nijhoff Publishers. This book was released on 2006 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Author :
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1472436075
Total Pages : 305 pages
Book Rating : 4.4/5 (724 download)

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Book Synopsis The Judicial System and Reform in Post-Mao China by : Dr Yuwen Li

Download or read book The Judicial System and Reform in Post-Mao China written by Dr Yuwen Li and published by Ashgate Publishing, Ltd.. This book was released on 2014-11-28 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Legal Reforms in China and Vietnam

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Author :
Publisher : Routledge
ISBN 13 : 1136978429
Total Pages : 436 pages
Book Rating : 4.1/5 (369 download)

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Book Synopsis Legal Reforms in China and Vietnam by : John Gillespie

Download or read book Legal Reforms in China and Vietnam written by John Gillespie and published by Routledge. This book was released on 2010-09-13 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Evolution of Law Reform in China

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 9781848449763
Total Pages : 0 pages
Book Rating : 4.4/5 (497 download)

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Book Synopsis The Evolution of Law Reform in China by : Stanley B. Lubman

Download or read book The Evolution of Law Reform in China written by Stanley B. Lubman and published by Edward Elgar Publishing. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Asian Socialism & Legal Change

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Publisher : ANU E Press
ISBN 13 : 1920942270
Total Pages : 354 pages
Book Rating : 4.9/5 (29 download)

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Book Synopsis Asian Socialism & Legal Change by : John Gillespie

Download or read book Asian Socialism & Legal Change written by John Gillespie and published by ANU E Press. This book was released on 2005-08-01 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

China's Socialist Rule of Law Reforms Under Xi Jinping

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Author :
Publisher : Routledge
ISBN 13 : 1317354176
Total Pages : 284 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis China's Socialist Rule of Law Reforms Under Xi Jinping by : John Garrick

Download or read book China's Socialist Rule of Law Reforms Under Xi Jinping written by John Garrick and published by Routledge. This book was released on 2016-01-29 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Chinese Legal System

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Author :
Publisher : Routledge
ISBN 13 : 113456130X
Total Pages : 272 pages
Book Rating : 4.1/5 (345 download)

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Book Synopsis The Chinese Legal System by : Pitman B. Potter

Download or read book The Chinese Legal System written by Pitman B. Potter and published by Routledge. This book was released on 2005-07-08 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Legal Reform and Administrative Detention Powers in China

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Publisher : Cambridge University Press
ISBN 13 : 113946809X
Total Pages : 51 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Legal Reform and Administrative Detention Powers in China by : Sarah Biddulph

Download or read book Legal Reform and Administrative Detention Powers in China written by Sarah Biddulph and published by Cambridge University Press. This book was released on 2007-12-20 with total page 51 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using a conceptual framework, this 2007 book examines the processes of legal reform in post-socialist countries such as China. Drawing on Bourdieu's concept of the 'field', the increasingly complex and contested processes of legal reform are analysed in relation to police powers. The impact of China's post-1978 legal reforms on police powers is examined through a detailed analysis of three administrative detention powers: detention for education of prostitutes; coercive drug rehabilitation; and re-education through labour. The debate surrounding the abolition in 1996 of detention for investigation (also known as shelter and investigation) is also considered. Despite over 20 years of legal reform, police powers remain poorly defined by law and subject to minimal legal constraint. They continue to be seriously and systematically abused. However, there has been both systematic and occasionally dramatic reform of these powers. This book considers the processes which have made these legal changes possible.

The Limits of the Rule of Law in China

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Publisher : University of Washington Press
ISBN 13 : 0295803894
Total Pages : 384 pages
Book Rating : 4.2/5 (958 download)

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Book Synopsis The Limits of the Rule of Law in China by : Karen G. Turner

Download or read book The Limits of the Rule of Law in China written by Karen G. Turner and published by University of Washington Press. This book was released on 2015-05-01 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Limits of the Rule of Law in China, fourteen authors from different academic disciplines reflect on questions that have troubled Chinese and Western scholars of jurisprudence since classical times. Using data from the early 19th century through the contemporary period, they analyze how tension between formal laws and discretionary judgment is discussed and manifested in the Chinese context. The contributions cover a wide range of topics, from interpreting the rationale for and legacy of Qing practices of collective punishment, confession at trial, and bureaucratic supervision to assessing the political and cultural forces that continue to limit the authority of formal legal institutions in the People’s Republic of China.

Trial of Modernity

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Publisher :
ISBN 13 : 9780804755863
Total Pages : 0 pages
Book Rating : 4.7/5 (558 download)

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Book Synopsis Trial of Modernity by : Xiaoqun Xu

Download or read book Trial of Modernity written by Xiaoqun Xu and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book illuminates what judicial modernity actually meant to the Chinese state and society in the early twentieth century and how the judicial reform resulted in paradoxical consequences due to a lack of resources and a disjunction between the national reform agenda and local social ecology.

The Making of Chinese Foreign and Security Policy in the Era of Reform

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Author :
Publisher : Stanford University Press
ISBN 13 : 0804740569
Total Pages : 528 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis The Making of Chinese Foreign and Security Policy in the Era of Reform by : David M. Lampton

Download or read book The Making of Chinese Foreign and Security Policy in the Era of Reform written by David M. Lampton and published by Stanford University Press. This book was released on 2001 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the most comprehensive, in-depth account of how Chinese foreign and security policy is made and implemented during the reform era. It includes the contributions of more than a dozen scholars who undertook field research in the People's Republic of China, South Korea, and Taiwan.

Legal Orientalism

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Publisher : Harvard University Press
ISBN 13 : 0674075781
Total Pages : 358 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Legal Orientalism by : Teemu Ruskola

Download or read book Legal Orientalism written by Teemu Ruskola and published by Harvard University Press. This book was released on 2013-06-03 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the Cold War ended, China has become a global symbol of disregard for human rights, while the United States has positioned itself as the world’s chief exporter of the rule of law. How did lawlessness become an axiom about Chineseness rather than a fact needing to be verified empirically, and how did the United States assume the mantle of law’s universal appeal? In a series of wide-ranging inquiries, Teemu Ruskola investigates the history of “legal Orientalism”: a set of globally circulating narratives about what law is and who has it. For example, why is China said not to have a history of corporate law, as a way of explaining its “failure” to develop capitalism on its own? Ruskola shows how a European tradition of philosophical prejudices about Chinese law developed into a distinctively American ideology of empire, influential to this day. The first Sino-U.S. treaty in 1844 authorized the extraterritorial application of American law in a putatively lawless China. A kind of legal imperialism, this practice long predated U.S. territorial colonialism after the Spanish-American War in 1898, and found its fullest expression in an American district court’s jurisdiction over the “District of China.” With urgent contemporary implications, legal Orientalism lives on in the enduring damage wrought on the U.S. Constitution by late nineteenth-century anti-Chinese immigration laws, and in the self-Orientalizing reforms of Chinese law today. In the global politics of trade and human rights, legal Orientalism continues to shape modern subjectivities, institutions, and geopolitics in powerful and unacknowledged ways.

Liu Xiaobo, Charter 08 and the Challenges of Political Reform in China

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Publisher : Hong Kong University Press
ISBN 13 : 9888139061
Total Pages : 395 pages
Book Rating : 4.8/5 (881 download)

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Book Synopsis Liu Xiaobo, Charter 08 and the Challenges of Political Reform in China by : Jean-Philippe Béja

Download or read book Liu Xiaobo, Charter 08 and the Challenges of Political Reform in China written by Jean-Philippe Béja and published by Hong Kong University Press. This book was released on 2012-06-01 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: In December 2008 some 350 Chinese intellectuals published a manifesto calling for reform of the Chinese constitution and an end to one-party rule. Known as "Charter 08," the manifesto has since been signed by more than 10,000 people. One of its authors, Liu Xiaobo, was awarded the Nobel Peace Prize in 2010 but has remained in prison since 2009 for subversive crimes. This collection of essays—the first of its kind in English—examines the trial of Liu Xiaobo, the significance and impact of Charter 08, and the prospects for reform in China. The essays include contributions from legal and political experts from around the world, an account of Liu's trial by his defence lawyers, and a passionate—and ultimately optimistic—account of resistance, repression and political change by the human rights lawyer Teng Biao.

Judicial Independence in China

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Publisher : Cambridge University Press
ISBN 13 : 1107375584
Total Pages : 440 pages
Book Rating : 4.1/5 (73 download)

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Book Synopsis Judicial Independence in China by : Randall Peerenboom

Download or read book Judicial Independence in China written by Randall Peerenboom and published by Cambridge University Press. This book was released on 2009-11-23 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Compelling Ideal

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Author :
Publisher : Yale University Press
ISBN 13 : 0300185944
Total Pages : 416 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis The Compelling Ideal by : Jan Kiely

Download or read book The Compelling Ideal written by Jan Kiely and published by Yale University Press. This book was released on 2014-05-27 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this groundbreaking volume, based on extensive research in Chinese archives and libraries, Jan Kiely explores the pre-Communist origins of the process of systematic thought reform or reformation (ganhua) that evolved into a key component of Mao Zedong’s revolutionary restructuring of Chinese society. Focusing on ganhua as it was employed in China’s prison system, Kiely’s thought-provoking work brings the history of this critical phenomenon to life through the stories of individuals who conceptualized, implemented, and experienced it, and he details how these techniques were subsequently adapted for broader social and political use.