Building the Rule of Law in China

Building the Rule of Law in China

Author: Lin Li

Publisher: Elsevier

Published: 2017-03-21

Total Pages: 353

ISBN-13: 008102231X

DOWNLOAD EBOOK

Building the Rule of Law in China explores the idea that China needs a more globalized and diversified vision for the science of law, presenting the need to think differently from the two major western mainstream legal cultures, the Anglo-American and the continental systems. Other globalized, universalized, and diversified models and experiences in the rule of law from diverse civilizations have much to offer China. Through learning from the strengths exhibited by systems in countries with a very developed and well-organized rule of law, and absorbing essential aspects from different countries, China might be well positioned to promote the development of the rule of law in a robust and comprehensive manner. This book explores the topic from several perspectives, giving the reader an up-to-date resource on the ever-evolving vision for the science of law in China. Explores the situation of rule of law in China as it currently stands Presents a case that China must look beyond the two western systems of law for a more globalized vision Gives analysis on the contemporary situation, and insight into the near future Presents a particular perspective on the rule of law in China by a scholar closely involved with its actual development Translates into English, providing a new and valuable perspective to an English speaking readership


The Road to the Rule of Law in Modern China

The Road to the Rule of Law in Modern China

Author: Quanxi Gao

Publisher: Springer

Published: 2015-01-27

Total Pages: 171

ISBN-13: 3662456370

DOWNLOAD EBOOK

This book is a grand review of the centurial development of rule of law in China. It covers the most important issues in this area and presents “political constitution,” a new interpretative framework that allows the Chinese experience of rule of law to be more fully and correctly expressed. It is especially useful to scholars involved in the study of modern China. The main chapters of this book include: The Constituent Movement in the Late Qing Dynasty; The Xinhai (1911) Revolution; Constitution-making at the Beginning of the Republic of China; The Great Revolution in the 1920s; The Rise of the Party State and its Transition; The Founding of 1949 New China and its Early Constitutional Development; and The Dualist System of Rule of Law in the Reforming Times.


Judicial Independence in China

Judicial Independence in China

Author: Randall Peerenboom

Publisher: Cambridge University Press

Published: 2009-11-23

Total Pages: 440

ISBN-13: 1107375584

DOWNLOAD EBOOK

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.


Ideological Conflict and the Rule of Law in Contemporary China

Ideological Conflict and the Rule of Law in Contemporary China

Author: Samuli Seppänen

Publisher: Cambridge University Press

Published: 2016-10-20

Total Pages: 233

ISBN-13: 1107142903

DOWNLOAD EBOOK

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.


Socialist Law in Socialist East Asia

Socialist Law in Socialist East Asia

Author: Hualing Fu

Publisher: Cambridge University Press

Published: 2018-07-05

Total Pages: 463

ISBN-13: 1108424813

DOWNLOAD EBOOK

A fresh perspective on socialist law as practiced in China and Vietnam, two major socialist states.


The Long Game

The Long Game

Author: Rush Doshi

Publisher: Oxford University Press

Published: 2021-06-11

Total Pages: 433

ISBN-13: 0197527876

DOWNLOAD EBOOK

For more than a century, no US adversary or coalition of adversaries - not Nazi Germany, Imperial Japan, or the Soviet Union - has ever reached sixty percent of US GDP. China is the sole exception, and it is fast emerging into a global superpower that could rival, if not eclipse, the United States. What does China want, does it have a grand strategy to achieve it, and what should the United States do about it? In The Long Game, Rush Doshi draws from a rich base of Chinese primary sources, including decades worth of party documents, leaked materials, memoirs by party leaders, and a careful analysis of China's conduct to provide a history of China's grand strategy since the end of the Cold War. Taking readers behind the Party's closed doors, he uncovers Beijing's long, methodical game to displace America from its hegemonic position in both the East Asia regional and global orders through three sequential "strategies of displacement." Beginning in the 1980s, China focused for two decades on "hiding capabilities and biding time." After the 2008 Global Financial Crisis, it became more assertive regionally, following a policy of "actively accomplishing something." Finally, in the aftermath populist elections of 2016, China shifted to an even more aggressive strategy for undermining US hegemony, adopting the phrase "great changes unseen in century." After charting how China's long game has evolved, Doshi offers a comprehensive yet asymmetric plan for an effective US response. Ironically, his proposed approach takes a page from Beijing's own strategic playbook to undermine China's ambitions and strengthen American order without competing dollar-for-dollar, ship-for-ship, or loan-for-loan.


The Contentious Public Sphere

The Contentious Public Sphere

Author: Ya-Wen Lei

Publisher: Princeton University Press

Published: 2019-09-03

Total Pages: 303

ISBN-13: 0691196141

DOWNLOAD EBOOK

Using interviews, newspaper articles, online texts, official documents, and national surveys, Lei shows that the development of the public sphere in China has provided an unprecedented forum for citizens to organize, influence the public agenda, and demand accountability from the government.


Chinese Perspectives on the International Rule of Law

Chinese Perspectives on the International Rule of Law

Author: Matthieu Burnay

Publisher: Edward Elgar Publishing

Published: 2018-07-27

Total Pages: 295

ISBN-13: 1788112393

DOWNLOAD EBOOK

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.


Interpreting China's Legal System

Interpreting China's Legal System

Author: Lin Li

Publisher: World Scientific

Published: 2018-01-03

Total Pages: 547

ISBN-13: 9813231327

DOWNLOAD EBOOK

This book systematically and concisely expounds the construction process of China's legal system since China's reform and opening-up. Chapter 1 defines the legal system in China and describes the development of China's legal system from 1949 to 1978. Chapter 2 introduces China's legislative system, including its historical development, division of legislative functions and power, and legislative procedures. Chapter 3 compares the differences between the law systems of other countries and China's law system and how other law systems in the world influences the law system in China. Chapter 4 studies China's constitutional law system, including its historical development, forms of law and enforcement of the constitution. Chapter 5 introduces China's administrative legal system, including main principles, administrative legislation and administrative compensation. Chapters 6, 7, 8, 9 describe China's civil and commercial legal system, China's economic legal system, China's social legal system and China's criminal legal system respectively. Chapter 10 introduces China's legal system in litigation and non-litigation procedure in terms of criminal, civil, administrative and non-litigation procedures. Chapter 11 analyses the legal system of the special administrative regions in China and its relationship with China's legal system. The last chapter, Chapter 12 studies the relationship between the international law and China's domestic law system.


Human Dignity in Classical Chinese Philosophy

Human Dignity in Classical Chinese Philosophy

Author: Qianfan Zhang

Publisher: Springer

Published: 2016-10-05

Total Pages: 222

ISBN-13: 1349709204

DOWNLOAD EBOOK

This book reinterprets classical Chinese philosophical tradition along the conceptual line of human dignity. Through extensive textual evidence, it illustrates that classical Confucianism, Mohism and Daoism contained rich notions of dignity, which laid the foundation for human rights and political liberty in China, even though, historically, liberal democracy failed to grow out of the authoritarian soil in China. The book critically examines the causes that might have prevented the classical schools from developing a liberal tradition, while affirming their positive contributions to the human dignity concept. Analysing the inadequacies of the western concept of human dignity, the text covers relevant teachings of Kongzi, Mengzi, Xunzi, Mozi, Laozi and Zhuangzi (in comparison with Rousseau). While the Confucian notions of humanity (Ren), righteousness (Yi), and gentleman (Junzi) bear most directly on the conception of dignity, Mohism and Daoism provide salutary corrections to the ossification of the orthodox Confucian practice (Li).