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The Politics of Law and Stability in China

Author : Susan Trevaskes
Publisher : Edward Elgar Publishing
Page : 303 pages
File Size : 49,42 MB
Release : 2014-07-31
Category : Law
ISBN : 1783473878

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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

The Stability Imperative

Author : Sarah Biddulph
Publisher : UBC Press
Page : 333 pages
File Size : 40,46 MB
Release : 2015-06-05
Category : Political Science
ISBN : 0774828838

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“Stability preservation” (weiwen) has long been an imperative of China’s one-party state. At the same time, China has recently embedded a commitment to the protection of human rights in its constitution. This book examines the multiple and shifting ways in which weiwen impinges on the implementation of human rights. Using case studies, Sarah Biddulph methodically examines the state’s response to labour unrest, medical disputes, and forced housing evictions. As she demonstrates, the state’s reaction can vary from taking steps to ameliorate the underlying causes of the citizens’ grievances to the repression of rights-related protests and the punishment of protestors. The Stability Imperative: Human Rights and Law in China reveals how the systematic failure of the legal system to protect rights coupled with an overemphasis on coercive forms of stability preservation is undermining the authority of law in China and could, ultimately, damage the Communist Party’s leadership.

Value Changes And Regime Stability In Contemporary China

Author : Wei Shan
Publisher : World Scientific
Page : 148 pages
File Size : 15,88 MB
Release : 2020-11-04
Category : Political Science
ISBN : 9811209014

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This book provides a comprehensive examination of value changes of Chinese citizens, especially the younger generation, and how the Chinese authorities take efforts to adapt to such changes and refine its social control mechanisms. The book discusses three related themes through a series of topics. The first theme examines the changes in political attitudes and values among Chinese youths, comparing them to the older generations in the mainland and their contemporaries in Hong Kong and Taiwan. The second theme focuses on the recent development of social unrests, new pursuits that emerged in the Chinese society, and new means adopted by the Chinese protestors. The third theme touches on the responses of the party-state under the Xi Jinping administration, and how it has sophisticatized the machine of social control. With these three themes, this book also adds on to the understanding of regime stability of the Communist system in China, and how this system handles a variety of challenges brought about by dramatic social changes.

Law and the Party in China

Author : Rogier J. E. H. Creemers
Publisher : Cambridge University Press
Page : 287 pages
File Size : 38,3 MB
Release : 2021-01-07
Category : Law
ISBN : 1108873669

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In the Xi Jinping era, it has become clear that the rule of law, as understood in the West, will not appear in China soon. But was this ever a likely option? This book argues China's legal system needs to be studied from an internal perspective, to take into account the characteristic architecture of China's Party-state. To do so, it addresses two key elements: ideology and organisation. Part One of the book discusses ideology and the law, exploring how the Chinese Communist Party conceives of the nature of law and its position within its broader range of policy tools. Part Two, on organisation and the law, reviews how these ideological principles manifest themselves in the application of law, as well as the reform of the Party-state. As such, it highlights how the Party's plans and approaches run counter to mainstream theoretical expectations, and advocates a greater attention to the inherent logic of the system itself.

Law and Politics in Modern China

Author : Sharron Gu
Publisher : Cambria Press
Page : 430 pages
File Size : 22,50 MB
Release : 2009
Category : History
ISBN : 1604976047

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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.

Democracy and the Rule of Law in China

Author : Keping Yu
Publisher : BRILL
Page : 311 pages
File Size : 12,96 MB
Release : 2010-05-20
Category : Social Science
ISBN : 9004190317

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Democracy and the Rule of Law in China is intended to make available to English-language readers 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. 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, vice-director of the Central Compilation and Translation Bureau.

The Hong Kong Basic Law

Author : Ming K. Chan
Publisher : Hong Kong University Press
Page : 332 pages
File Size : 29,18 MB
Release : 1991-01-01
Category : Law
ISBN : 9789622092969

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Analyses how China's socialist legal principles are incorporated into the Basic Law, and examines the conflicts in the drafting process between maintaining China's control and achieving genuine democracy and autonomy..

In the Name of Justice

Author : Weifang He
Publisher : Brookings Institution Press
Page : 324 pages
File Size : 38,11 MB
Release : 2012-11-05
Category : Political Science
ISBN : 0815722915

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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

China's Long March Toward Rule of Law

Author : Randall Peerenboom
Publisher : Cambridge University Press
Page : 700 pages
File Size : 30,57 MB
Release : 2002-09-26
Category : History
ISBN : 9780521016742

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China has enjoyed considerable economic growth in recent years in spite of an immature, albeit rapidly developing, legal system, a system whose nature, evolution and path of development have been poorly understood by scholars. Drawing on his legal and business experience in China as well as his academic background in the field, Peerenboom provides a detailed analysis of China's legal reforms. He argues that China is in transition from rule by law to a version of rule of law, though most likely not a liberal democratic version as found in economically advanced countries in the West. Maintaining that law plays a key role in China's economic growth, Peerenboom assesses reform proposals and makes his own recommendations. In addition to students and scholars of Chinese law, political science, sociology and economics, this will interest business professionals, policy advisors, and governmental and non-governmental agencies as well as comparative legal scholars and philosophers.

Authoritarian Legality in China

Author : Mary E. Gallagher
Publisher : Cambridge University Press
Page : 271 pages
File Size : 35,15 MB
Release : 2017-09-07
Category : Political Science
ISBN : 1316033430

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Can authoritarian regimes use democratic institutions to strengthen and solidify their rule? The Chinese government has legislated some of the most protective workplace laws in the world and opened up the judicial system to adjudicate workplace conflict, emboldening China's workers to use these laws. This book examines these patterns of legal mobilization, showing which workers are likely to avail themselves of these new protections and find them effective. Gallagher finds that workers with high levels of education are far more likely to claim these new rights and be satisfied with the results. However, many others, left disappointed with the large gap between law on the books and law in reality, reject the courtroom for the streets. Using workers' narratives, surveys, and case studies of protests, Gallagher argues that China's half-hearted attempt at rule of law construction undermines the stability of authoritarian rule. New workplace rights fuel workers' rising expectations, but a dysfunctional legal system drives many workers to more extreme options, including strikes, demonstrations and violence.