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Ideological Conflict And The Rule Of Law In Contemporary China
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Book Synopsis Ideological Conflict and the Rule of Law in Contemporary China by : Samuli Seppänen
Download or read book Ideological Conflict and the Rule of Law in Contemporary China written by Samuli Seppänen and published by Cambridge University Press. This book was released on 2016-10-20 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis China’s Struggle for the Rule of Law by : Ronald C. Keith
Download or read book China’s Struggle for the Rule of Law written by Ronald C. Keith and published by Springer. This book was released on 2016-07-27 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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'.
Book Synopsis Building the Rule of Law in China by : Weidong Ji
Download or read book Building the Rule of Law in China written by Weidong Ji and published by Routledge. This book was released on 2017-12-12 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: After thirty years of Mao era (1949-1979) which was struggle-based, the Communist Party of China has begun to change its position as a pioneering revolutionary party, evolving into a universal ruling party that transcends class interests. Meanwhile, administrative and judicial reforms oriented toward a more efficient, serving government and the rule of law have been actively carried out. As the earliest work on constructive jurisprudence of new proceduralism in China, this book elaborates on the ideological confrontation on the "direction of China". It includes academic debates on politics and law which the author has been involved in, and top-level institutional design in China. Besides, this book introduces, analyzes and evaluates the focus of Chinese contemporary jurisprudence, making some critical summarizing propositions on the practical experiences. A review of Western contemporary jurisprudence and the forefront of legal research is also covered, aiming to provide ideological resources for the rule of law in China. Scholars and students in Chinese legal and social transformation studies will be attracted by this book. Furthermore, it will help different civilizations conduct rational dialogues on justice and order.
Book Synopsis Ideological Conflict and the Rule of Law in Contemporary China by : Samuli Seppänen
Download or read book Ideological Conflict and the Rule of Law in Contemporary China written by Samuli Seppänen and published by Cambridge University Press. This book was released on 2016-10-17 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Chinese Perspectives on the International Rule of Law by : Matthieu Burnay
Download or read book Chinese Perspectives on the International Rule of Law written by Matthieu Burnay and published by Edward Elgar Publishing. This book was released on 2018-07-27 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Democracy and the Rule of Law in China by : Keping Yu
Download or read book Democracy and the Rule of Law in China written by Keping Yu and published by BRILL. This book was released on 2010 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democracy and the Rule of Law in China is intended to make debates among prominent Chinese intellectuals and academics over issues of political, constitutional, and legal reform; modes of governance in urban and rural China; and culture and cultural policy available to English-language readers. The writers included in this book are individuals whose views have drawn some attention in the formulation of party and government policy, including the editor, Yu Keping, a prominent party intellectual and vice-director of the Central Compilation and Translation Bureau.
Book Synopsis The Chinese Road of the Rule of Law by : Lin Li
Download or read book The Chinese Road of the Rule of Law written by Lin Li and published by Springer. This book was released on 2018-06-06 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Politics of Law and Stability in China by : Susan Trevaskes
Download or read book The Politics of Law and Stability in China written by Susan Trevaskes and published by Edward Elgar Publishing. This book was released on 2014-07-31 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Politics of Law and Stability in China examines the nexus between social stability and the law in contemporary China. It explores the impact of Chinese Communist Partyês (CCP) rationales for social stability on legal reforms, criminal justice opera
Book Synopsis Law and Politics in Modern China by : Sharron Gu
Download or read book Law and Politics in Modern China written by Sharron Gu and published by Cambria Press. This book was released on 2009 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Law and the Party in China by : Rogier Creemers
Download or read book Law and the Party in China written by Rogier Creemers and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "In decades past, in their analysis of the objective of post-Mao legal reform, Chinese and foreign observers generally agreed: the country was on its way to some form of the rule of law, or fazhi. Throughout the 1990s and the early 2000s, it even seemed that both sides shared broad agreement on the fundamental elements of this term. Legal education and the legal profession were given considerable support, legislative and judicial processes became increasingly professionalised, and rule of law-related concepts entered the meticulously curated jargon of Chinese Communist Party (CCP) ideology. Yet by the second half of the Hu Jintao administration, the momentum of reform gradually changed direction. Hu's security czar, Zhou Yongkang, presided over the rapid expansion of a security apparatus (Wang & Minzner 2015). Formal litigation increasingly made way for non-judicial conflict resolution methods such as mediation and arbitration (Liebman 2011; Minzner 2013), manifested in a renewed attention to the 'Ma Xiwu' method of dispute settlement (Zang 2010; Liebman 2011)"--
Book Synopsis Rule Of Law In China: Progress And Problems by : Lin Li
Download or read book Rule Of Law In China: Progress And Problems written by Lin Li and published by World Scientific. This book was released on 2020-04-28 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book comprehensively introduces the development of rule of law and law-based governance in China. Through theoretical interpretation, background analysis and empirical analysis of several key issues, this book answers why and how China promotes its rule of law and how the country identifies major challenges of promoting rule of law. It also looks at how China solves its problems in the process of practicing socialist rule of law.
Download or read book Chinese Legality written by Shiping Hua and published by Taylor & Francis. This book was released on 2022-12-30 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chinese Legality focuses on the concept of "legality" as a lens through which to look at Chinese legal reforms, making a valuable contribution to the argument that law has historically been used as a tool to control society in China. This book discusses how Chinese legality in the Xi Jinping era is defined from a theoretical, ideological, historical, and cultural point of view. Covering vitally important events such as Xi’s term limit issue, the Hong Kong protests and the Covid-19 pandemic, the book examines how legality is reflected and embodied in laws and constitutions, and how legality is realized through institutions, with particular focus on how the CCP interacts with the legislature, the judiciary, the procuratorate, and the police. As a study of the legal reforms under Xi Jinping, this book will be of interest to students and scholars of Chinese politics and law.
Download or read book China, Democracy, and Law written by and published by BRILL. This book was released on 2021-12-06 with total page 925 pages. Available in PDF, EPUB and Kindle. Book excerpt: This landmark volume deals with such essential questions as: What points of departure, or resources, can be identified in Chinese history and culture for what we call 'democracy'? What are, and have been, their potential for development in a modern China confronted with powerful Western influences? Are there any connections between imperial China’s strong legal tradition and the PRC’s current endeavour to restore the rule of law, in a context of legal globalization in which China itself is an important participant? How serious, or superficial, should the political opening which started in the 1980s be regarded, and the discourse on human rights currently heard in official circles? And finally, how relevant is Taiwan’s experiment with democratic institutions? In this rich and inspiring volume, foremost French scholars carefully clarify the process of political and legal change, convincingly showing that these questions cannot be answered without a proper understanding of centuries of Chinese juridical, philosophical, religious and political thought. Ouvrage publié avec le soutien du Centre national du livre/ Published with financial support by the Centre national du livre.
Book Synopsis Evolving Towards Rule of Law in China by : Changzhi Yun
Download or read book Evolving Towards Rule of Law in China written by Changzhi Yun and published by Gwasg y Bwthyn. This book was released on 2015 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: China is often viewed with suspicion by the West due to its perceived backwardness in implementing the rule of law. However, these assumptions are misplaced, according to this thought-provoking and timely examination of new developments in China's constitutional system. Evolving Towards Rule of Law in China - Changes Over the Past 10 Years charts the substantial progress that has been made in this area. Written by Yun Changzhi, Vice President of Beyondsoft Corporation, this book is edited and published by ACA Publishing in association with CNPIEC as part of a five-book series called 'Exploring Modern China'. This book is dedicated to readers seeking to understand the latest developments in China's political, commercial and civil legal environment and for people who are interested in business, complex commercial transactions, civil and criminal procedures, and workers' rights as well as for those who just want to know more about China's legal system. Evolving Towards Rule of Law in China will give you a solid introduction to the evolution of laws and regulations in contemporary China.
Book Synopsis Legal Reform Versus the Power of the Party and State in the People's Republic of China by : Jiefen Li
Download or read book Legal Reform Versus the Power of the Party and State in the People's Republic of China written by Jiefen Li and published by . This book was released on 2008 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This is a case-based approach to the construction of a rule-of-law society with Chinese characteristics by the Chinese Communist Party (CCP) in an attempt to build up its political legitimacy and to fulfil its nationalistic goal to develop China into a modern state. Based on a careful analysis of policy documents, jurisprudence and interview data on legal developments in contemporary China, the study reveals the distinctive place of 'law' and its close relationship to ideology in CCP led system, and concludes that the current legal construction, albeit not fully in compliance with Western conception of rule of law, is a legal-rational process aimed to modernise the Party-state and society."--BOOK JACKET.
Book Synopsis Social Movements and the Law in Contemporary China by : Han Zhu
Download or read book Social Movements and the Law in Contemporary China written by Han Zhu and published by Open Dissertation Press. This book was released on 2017-01-26 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: This dissertation, "Social Movements and the Law in Contemporary China: a Comparative Perspective" by Han, Zhu, 朱含, was obtained from The University of Hong Kong (Pokfulam, Hong Kong) and is being sold pursuant to Creative Commons: Attribution 3.0 Hong Kong License. The content of this dissertation has not been altered in any way. We have altered the formatting in order to facilitate the ease of printing and reading of the dissertation. All rights not granted by the above license are retained by the author. Abstract: In the past three decades, China has witnessed the emergence of new social movements, particularly the weiquan movements, which took place simultaneously with legally significant developments. In contrast to their counterparts in democratic countries, social movements in China have emerged in a legal environment characterized by a thin rule of law with a low level of liberal political morality. Against this background, this thesis explores the interaction between social movements and the law in contemporary China, and with reference to the experience of Taiwan and South Korea during their authoritarian periods and transitions to democracy. By applying the political opportunity and the resource mobilization theories of social movements to the field of law, this thesis analyzes the opportunities and constraints embedded in the legal structure of China that encourage or discourage social movements, and it also examines how rights advocates organize and mobilize legal resources for social campaigns given the existing legal opportunities and constraints. This thesis first surveys the developmental trajectories of social movements and the legal structure in China, Taiwan and South Korea under different constitutional modes. Then, following the rights support structure approach put forth by Charles Epp, the thesis is organized into three main components, with focus on rights lawyers, rights NGOs, and their legal mobilization (primarily strategic litigation and citizen petition). Generally speaking, the findings of this research show that social movements and the law have interactive impacts on each other in contemporary China. The law has played a Janus-like role in social movements in China by both facilitating and restricting the mobilization of social movements. On the other hand, social movements have sought to steer the thin rule of law in China toward the direction of greater protection of human rights and more constraint on the power of the state. However, the interactions between social movements and the law show that it is hardly possible to achieve a full-fledged thin rule of law without a parallel development of liberal political morality. Although legal development in China has provided some room for legal mobilization in social movements, the party-state and its legal structure prevents the escalation of social movements in China to a higher level of mobilization and politicization, in comparison with their counterparts in Taiwan and South Korea during their authoritarian periods. The rights support structure in the civil society of China hardly has any external partners from political society in promoting greater public mobilization. Based on a comparative study, the research casts doubts on the hypothetical sequence of the development of the rule of law to democratization. This study is significant in several aspects. First, it enriches the studies on social movements and the law in authoritarian societies. Second, it contributes to a better understanding of the rule of law under the party-state authoritarianism of China. Third, the comparative study helps to provide a better understanding of the different types of authoritarianism and relevant constitutional and legal practices, especially party-state authoritarianism. The study shows the peculiarities of the legal complex in the party-state context of China, which can be distinguished from that in other types of authoritar
Book Synopsis Power Versus Law in Modern China by : Qiang Fang
Download or read book Power Versus Law in Modern China written by Qiang Fang and published by . This book was released on with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through detailed study on uniquely acquired legal cases in contemporary China, this work seeks to demonstrate the ways in which China's legal system in the era of comprehensive reform and rapid economic growth and urbanization remains to be a tool of the Chinese Communist Party. As palpably shown in the four case studies, local party official in China used the law protect and advance their own personal interests at the expense of ordinary citizens, whose lack of power makes them unfortunate victims of a rigged legal system.
