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The Limits Of The Rule Of Law In China
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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.
Book Synopsis Company Law and Limits of the Rule of Law in China by : Roman Tomasic
Download or read book Company Law and Limits of the Rule of Law in China written by Roman Tomasic and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article discusses the extent to which rule of law principles have been embraced within the language, principles and practice of China's Company Law. The paper discusses different understandings of the rule of law that are to be found in the wider literature. Whilst China has affirmed the principles of legality, the 1993 Company Law adopted a narrowly prescriptive approach; at the same time, the State took firm control of the degree to which the privileges of limited liability and incorporation will be available. As a result, the balance of power within the company has tended to favour the State rather than the company or its shareholders. In contrast to the broadly non-interventionist approach to the internal affairs of companies of the courts and the State in western countries, in China the State and the Party have played an important role in internal company decision making, such as through the appointment of the company Chairman and the role of the Party Secretary. Whilst acknowledging the limits of the rule of law in Western countries, the article goes on to discuss various challenges to the implementation of the rule of law in China's business relations. The article discusses how China's company laws have in practice been applied; particular attention is given to the handling of the case involving Australian businessman James Peng which was seen at the time by some as a litmus test for the operation of the rule of law in China. Peng had reorganised a former state owned company and generated substantial profits as a result of his efforts to use legal rules to his advantage. Later, Peng had a falling out with his Shenzhen business partners who launched a vendetta against him; he was abducted from his hotel in Macao and taken secretly to Shenzhen where he was incarcerated. The involvement of a 'princeling' or a relative of a senior Chinese political official in Peng's business affairs complicated the matter. Although embezzlement charges against Peng had been thrown out by the local Shenzhen courts, due to a lack of evidence, the central government seemed powerless to prevent local cadres from continuing their vendetta so that the rule of law in this case was severely tested. The paper documents these issues and draws some broader conclusions about the limits of company law ideas in China.
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 China's Long March Toward Rule of Law by : Randall Peerenboom
Download or read book China's Long March Toward Rule of Law written by Randall Peerenboom and published by Cambridge University Press. This book was released on 2002-09-26 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt: Argues that China is in transition from rule by law to a version of rule of law.
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 336 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 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.
Book Synopsis The Rule of Law in China by : United States. Congressional-Executive Commission on China
Download or read book The Rule of Law in China written by United States. Congressional-Executive Commission on China and published by . This book was released on 2003 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Rule of Law in China written by Lin Li and published by Springer. This book was released on 2019-07-30 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume summarizes the achievements on rule of law in China for the ten years from 2002 to 2012, particularly focusing on areas such as judicial review, anti-monopoly, reform of government agencies, the circulation of rural Land contracted management rights, and the protection of children’s rights. It also considers the prospects for rule of law in China in the future. With numerous tables and screenshots to illustrate the text and provide a comprehensive overview and insights into China’s rule of law establishment, it appeals to readers interested in judicial reform, rural medical service, children’s rights protection and anti-monopoly.
Book Synopsis Rule of Law in China by : Katrin Blasek
Download or read book Rule of Law in China written by Katrin Blasek and published by Springer. This book was released on 2014-11-06 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes in detail differing interpretations of the rule of law in Western legal systems and in the People’s Republic of China. As the rule of law is seen by many as a prerequisite for China’s future development, politicians, activists and entrepreneurs from China and from the West alike have long been calling for adherence to this principle, which is constitutive of Western democracies. All these groups use the same words, but do they truly share the same idea? In order to address this question, the book compares the “Rule of Law with Chinese characteristics,” as propagated by Chinese leaders and in official Chinese publications, to different applications of the rule of law as it is understood in Western civilization. In particular, the author takes a closer look at the implementations of recognized core elements of the rule of law in representative Western countries, which include the separation of power, the supremacy of law, the protection of fundamental rights, and the independence of the justice system.
Book Synopsis Rule Of Law in China by : Tim Alexander Hagemann
Download or read book Rule Of Law in China written by Tim Alexander Hagemann and published by GRIN Verlag. This book was released on 2014-04-08 with total page 7 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2013 in the subject Politics - International Politics - Region: Far East, grade: 2,0, China University of Political Science and Law, course: Introduction to Chinese Law, language: English, abstract: The People's Republic of China in 2013: 1.3 Billion people on the verge of becoming part of the - expected - ruling nation of the 21st century. By smartly adapting western style economic policies to replace the hence centrally planned by a well functioning market economy, the former developing country has managed to rise in just 3 decades from the ashes of the political chaos of the cultural revolution to the olymp of the world's leading industrialized nations. Reaching an economic accural rate of annually over 8 Percent, it already managed to took over the place of Japan in terms of GDP and is now only second to the United States, while the gap between them continues to decrease every year.
Book Synopsis Rule of Law and Legal Complexity in the People's Republic of China by : Ignazio Castellucci
Download or read book Rule of Law and Legal Complexity in the People's Republic of China written by Ignazio Castellucci and published by . This book was released on 2012 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Rule of Law History, Theory and Criticism by : Pietro Costa
Download or read book The Rule of Law History, Theory and Criticism written by Pietro Costa and published by Springer Science & Business Media. This book was released on 2007-05-06 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt: Authors Costa and Zolo share the conviction that a proper understanding of the rule of law today requires reference to a global problematic horizon. This book offers some relevant guides for orienting the reader through a political and legal debate where the rule of law (and the doctrine of human rights) is a concept both controversial and significant at the national and international levels.
Book Synopsis The Citizen and the Chinese State by : Perry Keller
Download or read book The Citizen and the Chinese State written by Perry Keller and published by Routledge. This book was released on 2017-03-02 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume addresses several core questions regarding the nature of law in China and its future development. In particular, these articles shed light on whether the rule of law ideal is commensurable with government based on the Chinese Communist Party. Beginning virtually from scratch, China has established a comprehensive legal system that boasts a constitution, primary and secondary legislation and plentiful regulations covering most areas of public and private life. Yet, as these articles discuss, its courts are enmeshed in Party and state hierarchies and are not empowered to directly apply constitutional principles or rights, ensuring that the law is subordinate to national public policy goals. Legal and extra-legal methods for punishing wrongdoing and resolving disputes also raise questions of due process of law. Ultimately, the question is therefore whether China's legal system, if eschewing formalised human rights, is developing a capacity to protect fundamental human dignity.
Book Synopsis Modern Chinese Legal Reform by : Xiaobing Li
Download or read book Modern Chinese Legal Reform written by Xiaobing Li and published by University Press of Kentucky. This book was released on 2013-01-01 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: China's rapid socioeconomic transformation of the past twenty years has led to dramatic changes in its judicial system and legal practices. As China becomes more powerful on the world stage, the global community has dedicated more resources and attention to understanding the country's evolving democratization, and policymakers have identified the development of civil liberties and long-term legal reforms as crucial for the nation's acceptance as a global partner. Modern Chinese Legal Reform is designed as a legal and political research tool to help English-speaking scholars interpret the many recent changes to China's legal system. Investigating subjects such as constitutional history, the intersection of politics and law, democratization, civil legal practices, and judicial mechanisms, the essays in this volume situate current constitutional debates in the context of both the country's ideology and traditions and the wider global community. Editors Xiaobing Li and Qiang Fang bring together scholars from multiple disciplines to provide a comprehensive and balanced look at a difficult subject. Featuring newly available official sources and interviews with Chinese administrators, judges, law-enforcement officers, and legal experts, this essential resource enables readers to view key events through the eyes of individuals who are intimately acquainted with the challenges and successes of the past twenty years.
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 University Press of Kentucky. This book was released on 2017-11-15 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today 700 million Chinese citizens -- more than fifty-four percent of the population -- live in cities. The mass migration of rural populations to urban centers increased rapidly following economic reforms of the 1990s, and serious problems such as overcrowding, lack of health services, and substandard housing have arisen in these areas since. China's urban citizens have taken to the courts for redress and fought battles over failed urban renewal projects, denial of civil rights, corruption, and abuse of power.In Power versus Law in Modern China, Qiang Fang and Xiaobing Li examine four important legal cases that took place from 1995 to 2013 in the major cities of Wuhan, Xuzhou, Shanghai, and Chongqing. In these cases, citizens protested demolition of property, as well as corruption among city officials, developers, and landlords; but were repeatedly denied protection or compensation from the courts. Fang and Li explore how new interest groups comprised of entrepreneurs and Chinese graduates of Western universities have collaborated with the CCP-controlled local governments to create new power bases in cities. Drawing on newly available official sources, private collections, and interviews with Chinese administrators, judges, litigants, petitioners, and legal experts, this interdisciplinary analysis reveals the powerful and privileged will most likely continue to exploit the legal asymmetry that exists between the courts and citizens.
Book Synopsis Toward a New Framework for Peaceful Settlement of China's Territorial and Boundary Disputes by : Junwu Pan
Download or read book Toward a New Framework for Peaceful Settlement of China's Territorial and Boundary Disputes written by Junwu Pan and published by Martinus Nijhoff Publishers. This book was released on 2009 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: As China becomes more integrated in global economic and political systems, it has become inevitable that it engages fully and actively in the international legal system. Notably missing in China s international engagement is its participation in international institutions on third party settlement of disputes, including territorial and boundary disputes. This work argues that, contrary to conventional understanding, much could be gained by China if it were to have a more positive attitude towards third-party settlement of its territorial and boundary disputes. This volume examines both the problems and opportunities China is confronting within the changing international context and offers new frameworks for settlement of China s major territorial and boundary disputes.
Book Synopsis Experimental Legislation in China between Efficiency and Legality by : Madeleine Martinek
Download or read book Experimental Legislation in China between Efficiency and Legality written by Madeleine Martinek and published by Springer. This book was released on 2018-05-21 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the benefits of and legal concerns in connection with the delegated legislation of the Shenzhen Special Economic Zone as a prime example of experimental legislation in Chinese law. It offers solutions for improving the legal design of experimental regulations in Special Economic Zones by striking a balance between the pursuit of rapid socio-economic progress on the one hand, and the increasing need and will to govern by the rule of law on the other. The book offers a valuable guide for the academic community and legal practitioners, as well as students eager to gain insights into Chinese constitutional law and the conflict between legality and achieving reforms.
