Building the Rule of Law in China

Building the Rule of Law in China
Author: Weidong Ji
Publsiher: Routledge
Total Pages: 26
Release: 2017-12-12
Genre: Law
ISBN: 9781351613057

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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.

Building the Rule of Law in China

Building the Rule of Law in China
Author: Weidong Ji
Publsiher: Routledge
Total Pages: 202
Release: 2017-12-12
Genre: Law
ISBN: 9781351613088

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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 elucidates some of the most critical problems in the process of constructing a legal order and realizing institutional innovation in China: democracy, fair and reasonable procedure, interpretation techniques, cognitive ability of legislation, position and function of the jurist group, and professional ethics, etc. Besides, it expounds five pairs of contradictions in the modernization process of Chinese legal system, namely, substantial and procedural justice, moral and legal debates, formal and reflective rationality, the major responsibility on bureaucrats and lawyers, and the motivation of public welfare and profit, and explores appropriate approaches to combine the different factors. 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.

Rule Of Law In China Progress And Problems

Rule Of Law In China  Progress And Problems
Author: Li Lin
Publsiher: World Scientific
Total Pages: 496
Release: 2020-04-28
Genre: Law
ISBN: 9789811210969

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The Limits of the Rule of Law in China

The Limits of the Rule of Law in China
Author: Karen G. Turner,James V. Feinerman,R. Kent Guy
Publsiher: University of Washington Press
Total Pages: 384
Release: 2015-05-01
Genre: History
ISBN: 9780295803890

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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.

Chinese Perspectives on the International Rule of Law

Chinese Perspectives on the International Rule of Law
Author: Matthieu Burnay
Publsiher: Edward Elgar Publishing
Total Pages: 336
Release: 2018-07-27
Genre: Law
ISBN: 9781788112390

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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.

In the Name of Justice

In the Name of Justice
Author: Weifang He
Publsiher: Brookings Institution Press
Total Pages: 269
Release: 2012-11-05
Genre: Political Science
ISBN: 9780815722915

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Of all the issues presented by China’s ongoing economic and sociopolitical transformation, none may ultimately prove as consequential as the development of the Chinese legal system. Even as public demand for the rule of law grows, the Chinese Communist Party still interferes in legal affairs and continues in its harsh treatment of human rights lawyers and activists. Both the frequent occurrences of social unrest in recent years and the growing tension between China’s various interest groups underline the urgency of developing a sound and sustainable legal system. As one of China’s most influential law professors, He Weifang has been at the forefront of the country’s treacherous path toward justice and judicial independence for over a decade. Among his many remarkable endeavors was a successful petition in 2003 that abolished China’s controversial regulations permitting the internment and deportation of urban “vagrants,” bringing to an end two decades of legal discrimination against migrant workers. His bold remarks at the famous New Western Hills Symposium in 2006, including his assertion that “China’s party-state structure violates the PRC Constitution,” are considered a watershed moment in the century-long movement for a constitutional China. With In the Name of Justice, He presents his critical assessment of the state of Chinese legal reform. In addition to a selection of his academic writings, this unique book also includes many of He Weifang’s public speeches, media interviews, and open letters, providing additional insight into his dual roles as thinker and practitioner in the Chinese legal world. Among the topics covered are judicial independence, judicial review, legal education, capital punishment, and the legal protection of free speech and human rights. The volume also offers a historical review of the evolution of Chinese traditional legal thought, enhanced by cross-country comparisons. A proponent of reform rather than revolution, He believes only true constitutionalism can guarantee social justice and enduring stability for China. "He Weifang has argued for two decades that rule of law, however inconvenient at times to some of those who govern, must be embraced because it is ultimately the most reliable protector of the interests of the country, of the average citizen, and, in fact, even of those who govern."—from the Foreword by John L. Thornton, chairman, Brookings Institution Board of Trustees and Professor and Director of Global Leadership at Tsinghua University "What struck me—and shocked me as a foreign visitor—was not only that the entire discussion was explicitly critical of the Chinese Communist Party for its resistance to any meaningful judicial reform, but also that the atmosphere was calm, reasonable, and marked by a sense of humor and sophistication in the expression of ideas."—from the Introduction by Cheng Li, director of research and senior fellow at the John L. Thornton China Center at Brookings

The Chinese Path of Rule of Law Construction

The Chinese Path of Rule of Law Construction
Author: He Tian,Yanbin Lv
Publsiher: Springer Nature
Total Pages: 236
Release: 2021-08-09
Genre: Law
ISBN: 9789811641305

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This book provides law-based governance which is one of the basic policies that underpins our endeavors to uphold and develop socialism with Chinese characteristics in the new era. Law is the key to governing the country,and the rule of law is an important support for the national governance system and governance capacity. Since the 18th National Congress of the CPC,China has implemented the four-pronged comprehensive strategy and created an unprecedented new situation for law-based governance. Further progress has been made in ensuring China’s legislation is sound,law enforcement is strict, the administration of justice is impartial,and the law is observed by everyone. China’s efforts to build a country, government,and society based on the rule of law have been mutually reinforcing; the system of distinctively Chinese socialist rule of law has been steadily improved; public awareness of the rule of law has risen markedly. In recent years, China has adhered to the correct handling of the relationship between deepening reform and law-based governance,ensuring that major reforms are justified by law and providing solid guarantees of the rule of law for reform and opening-up. China has adhered to combine law-based governance of the country and rule-based governance over the party and exercised law-based governance at every point in the process and over every dimension of full and rigorous governance over the party and has made remarkable achievements in the construction of a clean and honest government and the struggle against corruption.

Building the Rule of Law in China

Building the Rule of Law in China
Author: Lin Li
Publsiher: Elsevier
Total Pages: 352
Release: 2017-03-21
Genre: Law
ISBN: 9780081022313

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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

Building a Government Based on the Rule of Law

Building a Government Based on the Rule of Law
Author: Huaide Ma,Jingbo Wang
Publsiher: Springer
Total Pages: 214
Release: 2018-11-07
Genre: Law
ISBN: 9789811309991

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This book offers a comprehensive assessment of the successes and failures in China’s current legal system construction. It systematically and comprehensively examines the development of China’s rule of law policy since the reform and opening up, as well as future trends. The main areas covered include: The course, achievements and motivation behind China’s construction of law-based administration; Development, status quo and general characteristics of administrative legislation; Reform of the administrative examination and approval system and the administrative licensing system; The relationship between social security system reform, beneficial administration and service government; The development of administrative law in China; Origin of the concept of due process, experiences with and development trends concerning China’s administrative legislative procedure; The importance of government information, open practices, problems and development trend; History, current situation, reform mechanism of the emergency management system and the improvement of the legal system for emergency requisitions; The course, practical problems in and reasons for the enhanced approach of administrative reconsideration system; The course, achievements in, current situation and enhanced approach of administrative litigation system; The course of the national compensation system; and the construction of responsible government and administrative accountability system.

Debating Political Reform in China

Debating Political Reform in China
Author: Suisheng Zhao
Publsiher: Routledge
Total Pages: 368
Release: 2014-12-18
Genre: Business & Economics
ISBN: 9781317473299

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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.

Ruling Before the Law

Ruling Before the Law
Author: William Hurst
Publsiher: Cambridge University Press
Total Pages: 316
Release: 2018-04-19
Genre: Law
ISBN: 9781108427203

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Building on extensive fieldwork in China and Indonesia, Hurst offers a valuable comparison of legal systems in practice.

Legal Reform Versus the Power of the Party and State in the People s Republic of China

Legal Reform Versus the Power of the Party and State in the People s Republic of China
Author: Jiefen Li
Publsiher: Unknown
Total Pages: 259
Release: 2008
Genre: Law
ISBN: STANFORD:36105134441216

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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 aa legal-rational process aimed to modernise the Party-state and society.

Chinese Taiwan Yearbook of International Law and Affairs Volume 38 2020

Chinese  Taiwan  Yearbook of International Law and Affairs  Volume 38  2020
Author: Anonim
Publsiher: BRILL
Total Pages: 316
Release: 2021-12-28
Genre: Law
ISBN: 9789004501638

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Volume 38 of the Chinese (Taiwan) Yearbook of International Law and Affairs publishes scholarly articles and essays on international and transnational law, as well as compiles official documents on the state practice of the Republic of China (Taiwan) in 2020.

Bird in a Cage

Bird in a Cage
Author: Stanley B. Lubman
Publsiher: Stanford University Press
Total Pages: 447
Release: 1999
Genre: Law
ISBN: 0804743789

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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.

Towards the Rule of Law in China

Towards the Rule of Law in China
Author: Weidong Ji
Publsiher: Cambridge University Press
Total Pages: 135
Release: 2022-02-28
Genre: Law
ISBN: 9781316999479

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Growing up in China while educated in Japan and the US, the author has in the past few decades both witnessed and actively participated in the historical process of legal transformations in contemporary China. Through a series of academic contributions, as well as meetings, activities and memberships with policymakers and practitioners, the author has spared no effort in applying his theoretical scholarship to real, concrete practices. He has made significant contributions to the building of a rule-of-law system in China, with great social influences. The publishing of this book is to share with English-speaking readers his insights, experiences, and practices related to the institutional undertaking of building the rule of law in China. It offers a legal perspective on some of the cutting-edge issues in our society at large (e.g. risk and uncertainty, AI network, the COVID-19 pandemic, and big data).