Chinas Legal Reforms And Their Political Limits

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The Logic and Limits of Political Reform in China

Author : Joseph Fewsmith
Publisher : Cambridge University Press
ISBN 13 : 1139620428
Total Pages : 233 pages
Book Rating : 4.1/5 (396 download)

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Book Synopsis The Logic and Limits of Political Reform in China by : Joseph Fewsmith

Download or read book The Logic and Limits of Political Reform in China written by Joseph Fewsmith and published by Cambridge University Press. This book was released on 2013-02-18 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the 1990s China embarked on a series of political reforms intended to increase, however modestly, political participation to reduce the abuse of power by local officials. Although there was initial progress, these reforms have largely stalled and, in many cases, gone backward. If there were sufficient incentives to inaugurate reform, why wasn't there enough momentum to continue and deepen them? This book approaches this question by looking at a number of promising reforms, understanding the incentives of officials at different levels, and the way the Chinese Communist Party operates at the local level. The short answer is that the sort of reforms necessary to make local officials more responsible to the citizens they govern cut too deeply into the organizational structure of the party.

The Limits of the Rule of Law in China

Author : Karen G. Turner
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.

Grassroots Political Reform in Contemporary China

Author : Elizabeth J. Perry
Publisher : Harvard University Press
ISBN 13 : 0674042050
Total Pages : 415 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Grassroots Political Reform in Contemporary China by : Elizabeth J. Perry

Download or read book Grassroots Political Reform in Contemporary China written by Elizabeth J. Perry and published by Harvard University Press. This book was released on 2009-07-01 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: Observers often note the glaring contrast between China's stunning economic progress and stalled political reforms. Although sustained growth in GNP has not brought democratization at the national level, this does not mean that the Chinese political system has remained unchanged. At the grassroots level, a number of important reforms have been implemented in the last two decades. This volume, written by scholars who have undertaken substantial fieldwork in China, explores a range of grassroots efforts--initiated by the state and society alike--intended to restrain arbitrary and corrupt official behavior and enhance the accountability of local authorities. Topics include village and township elections, fiscal reforms, legal aid, media supervision, informal associations, and popular protests. While the authors offer varying assessments of the larger significance of these developments, their case studies point to a more dynamic Chinese political system than is often acknowledged. When placed in historical context--as in the Introduction--we see that reforms in local governance are hardly a new feature of Chinese political statecraft and that the future of these experiments is anything but certain.

China's Legal Reforms and Their Political Limits

Author : Ingrid Hooghe
Publisher : Routledge
ISBN 13 : 1136124500
Total Pages : 190 pages
Book Rating : 4.1/5 (361 download)

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Book Synopsis China's Legal Reforms and Their Political Limits by : Ingrid Hooghe

Download or read book China's Legal Reforms and Their Political Limits written by Ingrid Hooghe and published by Routledge. This book was released on 2012-12-06 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents new insights into recent changes in China's legal framework in areas crucial to the modernisation process. Topics include law reform to accommodate foreign interests and convert China to a market economy, the judicial system and its treatment of human rights issues, the introduction of non-tariff barriers for foreign companies, and the current privatisation process.

Bureaucracy, Politics, and Decision Making in Post-Mao China

Author : Kenneth G. Lieberthal
Publisher : University of California Press
ISBN 13 : 0520301498
Total Pages : 394 pages
Book Rating : 4.5/5 (23 download)

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Book Synopsis Bureaucracy, Politics, and Decision Making in Post-Mao China by : Kenneth G. Lieberthal

Download or read book Bureaucracy, Politics, and Decision Making in Post-Mao China written by Kenneth G. Lieberthal and published by University of California Press. This book was released on 2018-05-04 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The China Model

Author : Daniel A. Bell
Publisher : Princeton University Press
ISBN 13 : 1400883482
Total Pages : 355 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis The China Model by : Daniel A. Bell

Download or read book The China Model written by Daniel A. Bell and published by Princeton University Press. This book was released on 2016-08-23 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: How China's political model could prove to be a viable alternative to Western democracy Westerners tend to divide the political world into "good" democracies and “bad” authoritarian regimes. But the Chinese political model does not fit neatly in either category. Over the past three decades, China has evolved a political system that can best be described as “political meritocracy.” The China Model seeks to understand the ideals and the reality of this unique political system. How do the ideals of political meritocracy set the standard for evaluating political progress (and regress) in China? How can China avoid the disadvantages of political meritocracy? And how can political meritocracy best be combined with democracy? Daniel Bell answers these questions and more. Opening with a critique of “one person, one vote” as a way of choosing top leaders, Bell argues that Chinese-style political meritocracy can help to remedy the key flaws of electoral democracy. He discusses the advantages and pitfalls of political meritocracy, distinguishes between different ways of combining meritocracy and democracy, and argues that China has evolved a model of democratic meritocracy that is morally desirable and politically stable. Bell summarizes and evaluates the “China model”—meritocracy at the top, experimentation in the middle, and democracy at the bottom—and its implications for the rest of the world. A timely and original book that will stir up interest and debate, The China Model looks at a political system that not only has had a long history in China, but could prove to be the most important political development of the twenty-first century.

Ethnic Policy in China

Author : James Leibold
Publisher : Policy Studies (East-West Cent
ISBN 13 : 9780866382335
Total Pages : 0 pages
Book Rating : 4.3/5 (823 download)

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Book Synopsis Ethnic Policy in China by : James Leibold

Download or read book Ethnic Policy in China written by James Leibold and published by Policy Studies (East-West Cent. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following significant interethnic violence beginning in 2008, Chinese intellectuals and policymakers are now engaged in unprecedented debate over the future direction of their country's ethnic policies. This study attempts to gauge current Chinese opinion on this once-secretive and still highly sensitive area of national policy. Domestic Chinese opinion on ethnic policies over the last five years is reviewed and implications for future policies under the new leadership of CPC Secretary General Xi Jinping are explored. Careful review of a wide spectrum of contemporary Chinese commentary identifies an emerging consensus for ethnic-policy reform. Leading public intellectuals, as well as some party officials, now openly call for new measures strengthening national integration at the expense of minority rights and autonomy. These reformers argue that divisive ethnic policies adopted from the former USSR must be replaced by those supporting an ethnic "melting pot" concept. Despite this important shift in opinion, such radical policy changes as ending regional ethnic autonomy or minority preferences are unlikely over the short-to-medium term. Small-yet-significant adjustments in rhetoric and policy emphasis are, however, expected as the party-state attempts to strengthen interethnic cohesiveness as a part of its larger agenda of stability maintenance. About the author James Leibold is a senior lecturer in Politics and Asian Studies at La Trobe University in Melbourne, Australia. He is the author of Reconfiguring Chinese Nationalism (2007) and co-editor of Critical Han Studies (2012) and Minority Education in China (forthcoming). His research on ethnicity, nationalism, and race in modern China has appeared in The China Journal, The China Quarterly, The Journal of Asian Studies, Modern China, and other publications.

Legal Reforms in China and Vietnam

Author : John Gillespie
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 Political Logic of Economic Reform in China

Author : Susan L. Shirk
Publisher : Univ of California Press
ISBN 13 : 0520912217
Total Pages : 411 pages
Book Rating : 4.5/5 (29 download)

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Book Synopsis The Political Logic of Economic Reform in China by : Susan L. Shirk

Download or read book The Political Logic of Economic Reform in China written by Susan L. Shirk and published by Univ of California Press. This book was released on 2023-04-28 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past decade, China was able to carry out economic reform without political reform, while the Soviet Union attempted the opposite strategy. How did China succeed at economic market reform without changing communist rule? Susan Shirk shows that Chinese communist political institutions are more flexible and less centralized than their Soviet counterparts were. Shirk pioneers a rational choice institutional approach to analyze policy-making in a non-democratic authoritarian country and to explain the history of Chinese market reforms from 1979 to the present. Drawing on extensive interviews with high-level Chinese officials, she pieces together detailed histories of economic reform policy decisions and shows how the political logic of Chinese communist institutions shaped those decisions. Combining theoretical ambition with the flavor of on-the-ground policy-making in Beijing, this book is a major contribution to the study of reform in China and other communist countries. 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 1994. In the past decade, China was able to carry out economic reform without political reform, while the Soviet Union attempted the opposite strategy. How did China succeed at economic market reform without changing communist rule? Susan Shirk shows that Chine

Human Rights in China

Author : Eva Pils
Publisher : John Wiley & Sons
ISBN 13 : 1509500731
Total Pages : 256 pages
Book Rating : 4.5/5 (95 download)

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Book Synopsis Human Rights in China by : Eva Pils

Download or read book Human Rights in China written by Eva Pils and published by John Wiley & Sons. This book was released on 2017-11-10 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can we make sense of human rights in China's authoritarian Party-State system? Eva Pils offers a nuanced account of this contentious area, examining human rights as a set of social practices. Drawing on a wide range of resources including years of interaction with Chinese human rights defenders, Pils discusses what gives rise to systematic human rights violations, what institutional avenues of protection are available, and how social practices of human rights defence have evolved. Three central areas are addressed: liberty and integrity of the person; freedom of thought and expression; and inequality and socio-economic rights. Pils argues that the Party-State system is inherently opposed to human rights principles in all these areas, and that – contributing to a global trend – it is becoming more repressive. Yet, despite authoritarianism's lengthening shadows, China’s human rights movement has so far proved resourceful and resilient. The trajectories discussed here will continue to shape the struggle for human rights in China and beyond its borders.

Chinese Legal Reforms

Author : Lu Xu
Publisher : BRILL
ISBN 13 : 9004537120
Total Pages : 310 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Chinese Legal Reforms by : Lu Xu

Download or read book Chinese Legal Reforms written by Lu Xu and published by BRILL. This book was released on 2024-04-25 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains the details and underlying thinking of many major reforms to Chinese law and legal practice that have taken place since 2013. It draws widely on laws and regulations, policies, cases, official statistics as well as the latest Chinese and foreign literature. The informed analysis answers intriguing questions such as why China runs the world’s largest database of court judgments without recognising any precedent, or why the number of judges was cut by 40% despite a more than doubled caseload. Ultimately it offers a new approach on how to understand Chinese law and legal reforms in the contemporary world.

China's Legal Reform

Author : Keyuan Zou
Publisher : BRILL
ISBN 13 : 9047410130
Total Pages : 278 pages
Book Rating : 4.0/5 (474 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 BRILL. This book was released on 2006-09-01 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: China’s legal system has drawn ever more attention from the international community. It has been developing at a very significant pace since China carried out economic reform and instituted an “open door” policy in 1978.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 recent developments of China’s legal system as well as its reform in the context of globalization. It covers various hot and timely topics, including constitutional changes, the relationship between the Chinese Communist Party and the law, legislation, law-based administration, laws for anti-corruption campaigns, judicial reform, legal education and China’s compliance with international law. The book is suitable for lawyers, whether practicing or academic, officials in national governments and international organizations and students and scholars in academia, who are interested in China, Chinese law, comparative and international law.

Debating Political Reform in China

Author : Suisheng Zhao
Publisher : Routledge
ISBN 13 : 1317473302
Total Pages : 312 pages
Book Rating : 4.3/5 (174 download)

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Book Synopsis Debating Political Reform in China by : Suisheng Zhao

Download or read book Debating Political Reform in China written by Suisheng Zhao and published by Routledge. This book was released on 2014-12-18 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growing disconnect between China's market-oriented economy with its emerging civil society, and the brittle, anacronistic, and authoritarian state has given rise to intense discussion and debate about political reform, not only by Western observers, but also among Chinese intellectuals. While some expect China's political reform to lead to democratization, others have proposed to strengthen the institution of single-party rule and provide it with a solid legal base. This book brings the ongoing debate to life and explores the options for political reform. Offering the perspectives of both Western and Chinese scholars, it presents the controversial argument for building a consultive rule of law regime as an alternative to liberal democracy. It provides several critiques of this thesis, and then tests the thesis through empirical studies on the development of the rule of law in China.

The Judicial System and Reform in Post-Mao China

Author : Yuwen Li
Publisher : Routledge
ISBN 13 : 131702656X
Total Pages : 298 pages
Book Rating : 4.3/5 (17 download)

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

Download or read book The Judicial System and Reform in Post-Mao China written by Yuwen Li and published by Routledge. This book was released on 2016-03-03 with total page 298 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 Reform in the Contemporary Socialist World

Author : Ngoc Son Bui
Publisher : Oxford University Press
ISBN 13 : 0192671588
Total Pages : 368 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Legal Reform in the Contemporary Socialist World by : Ngoc Son Bui

Download or read book Legal Reform in the Contemporary Socialist World written by Ngoc Son Bui and published by Oxford University Press. This book was released on 2024-08-27 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Reform in the Contemporary Socialist World explores four decades of legal reform in the socialist countries of China, Vietnam, Laos, North Korea, and Cuba from a comparative perspective. Spanning the late 1970s to the present, it examines various projects, methods, strategies, contents, driving forces, and limitations of legislative reform, administrative reform, judicial reform, and reform of the legal profession. Legal reform in these countries is the project of the political elite to improve the legal system while retaining its core socialist principles. It is carried out through legislative enactments, amendments, and replacements, which the political elite adopt using incremental strategies to reform the legal system sporadically or systematically. Socialist legal reform is animated by the political aspiration to create the rule of law, the impact of social-economic change, and the influence of transnational and comparative law. Despite significant reforms, the socialist principles of the legal systems in these countries largely remain intact. This legal reform, however, varies considerably by country. Legal Reform in the Contemporary Socialist World offers a holistic view of understudied jurisdictions in comparative law, essential for anyone studying or working in these areas in law, politics, or policy.

The Changing Chinese Legal System, 1978-Present

Author : Bin Liang
Publisher : Routledge
ISBN 13 : 1135903220
Total Pages : 328 pages
Book Rating : 4.1/5 (359 download)

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Book Synopsis The Changing Chinese Legal System, 1978-Present by : Bin Liang

Download or read book The Changing Chinese Legal System, 1978-Present written by Bin Liang and published by Routledge. This book was released on 2007-12-12 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This groundbreaking book examines the changing Chinese legal system since 1978. In addition to historical analyses of changes at the economic, political-legal, and social levels, Liang gives special attention to crime and punishment functions of the legal system, and the current judicial system based on field research, i.e., court observations in both Beijing and Chengdu. The court system has been in a process of systemization, both internally and externally, seeking more power and relative independence. However, traditional influences, such as preference of mediation (over litigation) and substantive justice (over procedural justice), and lack of respect (from the masses) and guaranteed power (from the political structure), still have major impacts on the building and operation of the judicial system. Liang also shrewdly places the Chinese legal and political reform within the global system. This book, which reshapes our understanding of the economic, political, and essentially legal changes in China within the global context, will be crucial reading for scholars of Asia, law, criminal justice, and sociology.

Legal Reform and Administrative Detention Powers in China

Author : Sarah Biddulph
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.