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Building The Rule Of Law In China

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Building the Rule of Law in China

Building the Rule of Law in China Book
Author : Weidong Ji
Publisher : Routledge
Release : 2017-12-12
ISBN : 1351613057
Language : En, Es, Fr & De

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Book Description :

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.

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 Book
Author : Jiefen Li
Publisher : Unknown
Release : 2008
ISBN : 0987650XXX
Language : En, Es, Fr & De

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Book Description :

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.

Building the Rule of Law in China

Building the Rule of Law in China Book
Author : Lin Li
Publisher : Elsevier
Release : 2017-03-21
ISBN : 008102231X
Language : En, Es, Fr & De

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Book Description :

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 the Rule of Law in China

Building the Rule of Law in China Book
Author : Weidong Ji
Publisher : Routledge
Release : 2017-12-12
ISBN : 1351613081
Language : En, Es, Fr & De

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Book Description :

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 Book
Author : Li Lin
Publisher : World Scientific
Release : 2020-04-28
ISBN : 9811210969
Language : En, Es, Fr & De

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Book Description :

Download Rule Of Law In China Progress And Problems book written by Li Lin, available in PDF, EPUB, and Kindle, or read full book online anywhere and anytime. Compatible with any devices.

Building Constitutionalism in China

Building Constitutionalism in China Book
Author : S. Balme,Michael W. Dowdle
Publisher : Springer
Release : 2009-09-28
ISBN : 0230623956
Language : En, Es, Fr & De

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Book Description :

This volume unpacks the relationship between constitutionalism and judicial power in China. It explores how court behaviour intersects with - affects and is affected by - China's evolving notions of constitutionalism.

Debating Political Reform in China Rule of Law vs Democratization

Debating Political Reform in China  Rule of Law vs  Democratization Book
Author : Suisheng Zhao
Publisher : Routledge
Release : 2014-12-18
ISBN : 1317473299
Language : En, Es, Fr & De

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Book Description :

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.

Towards the Rule of Law in China

Towards the Rule of Law in China Book
Author : Weidong Ji
Publisher : Cambridge University Press
Release : 2021-10-31
ISBN : 9781108426541
Language : En, Es, Fr & De

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Book Description :

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).

Building a Government Based on the Rule of Law

Building a Government Based on the Rule of Law Book
Author : Huaide Ma,Jingbo Wang
Publisher : Springer
Release : 2018-11-07
ISBN : 981130999X
Language : En, Es, Fr & De

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Book Description :

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.

Building the Rule of Law in Early Twentieth Century China 1905 1926

Building the Rule of Law in Early Twentieth Century China  1905 1926  Book
Author : Amy E. Gadsden
Publisher : Unknown
Release : 2005
ISBN : 0987650XXX
Language : En, Es, Fr & De

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Book Description :

Download Building the Rule of Law in Early Twentieth Century China 1905 1926 book written by Amy E. Gadsden, available in PDF, EPUB, and Kindle, or read full book online anywhere and anytime. Compatible with any devices.

Chinese Perspectives on the International Rule of Law

Chinese Perspectives on the International Rule of Law Book
Author : Matthieu Burnay
Publisher : Edward Elgar Publishing
Release : 2018-07-27
ISBN : 1788112393
Language : En, Es, Fr & De

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Book Description :

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.

Rule of Law in China

Rule of Law in China Book
Author : Lin Li,He Tian,Yanbin Lv
Publisher : Springer
Release : 2019-07-30
ISBN : 9811365415
Language : En, Es, Fr & De

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Book Description :

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.

Towards the Rule of Law in China

Towards the Rule of Law in China Book
Author : Weidong Ji,Lin, Xi
Publisher : Unknown
Release : 2021
ISBN : 9781108687904
Language : En, Es, Fr & De

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Book Description :

"Growing up in China and educated in Japan and the US, Weidong Ji has 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 policy makers and practitioners, the author has spared no effort in applying 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. This book shares his insights, experiences, and practices related to the institutional undertaking of building the rule of law in China - with English readers. 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)"--

The Road to the Rule of Law in Modern China

The Road to the Rule of Law in Modern China Book
Author : Quanxi Gao,Wei Zhang,Feilong Tian
Publisher : Springer
Release : 2015-01-27
ISBN : 3662456370
Language : En, Es, Fr & De

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Book Description :

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.

The Chinese Road of the Rule of Law

The Chinese Road of the Rule of Law Book
Author : Lin Li
Publisher : Springer
Release : 2018-06-06
ISBN : 9811089655
Language : En, Es, Fr & De

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Book Description :

This book studies the practical experience and theoretical development of rule of law in China, and provides fundamental theory for the construction of rule of law in contemporary China. The author examines the rule of law by exploring the entire legal system, and highlighting various aspects including the legislation, law enforcement and supervision systems. Readers will also discover the author’s strong opinions on scientific legislation, legal government, judicial reform, and the culture of rule of law. This highly readable book will appeal to both general readers and researchers interested in rule of law in China.

Ideological Conflict and the Rule of Law in Contemporary China

Ideological Conflict and the Rule of Law in Contemporary China Book
Author : Samuli Seppänen
Publisher : Cambridge University Press
Release : 2016-10-17
ISBN : 1316692450
Language : En, Es, Fr & De

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Book Description :

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.

A Legal Analysis of the Belt and Road Initiative

A Legal Analysis of the Belt and Road Initiative Book
Author : Giuseppe Martinico,Xueyan WU
Publisher : Springer Nature
Release : 2020-05-29
ISBN : 3030460002
Language : En, Es, Fr & De

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Book Description :

What does the Belt and Road Initiative mean for the existing multilateral organisations? What can it represent for the future of the European Union in the long run? What is the role of hard and soft law in the functioning of the Initiative? What does it represent from a legal theory perspective? This book aspires to contribute to the international debate by gathering scholars with different backgrounds (legal theorists, public international lawyers, comparative lawyers) in a way that they can offer their inputs and observations concerning the Belt and Road Initiative.

Contemporary International Law and China s Peaceful Development

Contemporary International Law and China   s Peaceful Development Book
Author : Lingliang Zeng
Publisher : Springer Nature
Release : 2021-07-25
ISBN : 9811586578
Language : En, Es, Fr & De

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Book Description :

Download Contemporary International Law and China s Peaceful Development book written by Lingliang Zeng, available in PDF, EPUB, and Kindle, or read full book online anywhere and anytime. Compatible with any devices.

Foreign Investment and Law Reform in China

Foreign Investment and Law Reform in China Book
Author : Richard L. Thurston
Publisher : Unknown
Release : 1996
ISBN : 0987650XXX
Language : En, Es, Fr & De

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Book Description :

Download Foreign Investment and Law Reform in China book written by Richard L. Thurston, available in PDF, EPUB, and Kindle, or read full book online anywhere and anytime. Compatible with any devices.

China s Modernization I

China s Modernization I Book
Author : Georg Peter,Reuß-Markus Krauße
Publisher : BoD – Books on Demand
Release : 2015-09-09
ISBN : 3734761271
Language : En, Es, Fr & De

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Book Description :

The idea of only one way leading to a modern society seems to be hardly tenable. But even if we agree to this, our theories and terms describing modernization are gained on our own Western history. So social science has to reconsider its basic terms to describe China’s modernization, and maybe even the understanding of modernization itself. The first of two volumes on China’s modernization, collects articles by leading Chinese and Western scientists focusing on the main conflicts and differences this process involves. In a first section – “Changing China: Dealing with Diversity” –, Björn Alperman analyses the terms “Class, Citizenship and Individualization in China’s Modernization”. Andrew Kipnis analyses the “Chinese Nation-Building as, Instead of, and Before Globalization”, while John R. Gibbins examines “Principles for Cosmopolitan Societies: Values for Cosmopolitan Places”. “On Modernization: Law, Business, and Economy in China”, the second section, deals with “Modernizing Chinese Law: The Protection of Private Property in China” by Sanzhu Zhu, “Chinese Organizations as Groups of People – Towards a Chinese Business Administration” by Peter J. Peverelli, and “Income Gaps in Economic Development: Differences among Regions, Occupational Groups and Ethnic Groups” by Ma Rong. The last section – “Thinking Differentiations: Chinese Origin and the Western Culture” – concentrates on the role of religion with articles by Richard Madsen (“Christianity and Hybrid Modernity in China”) and Thorsten Botz-Bornstein (“Confucianism, Puritanism, and the Transcendental: China and America”). Jeffrey N. Wasserstrom argues that Nathan Sharansky’s test for free nations should take regional variations into account in “China and the Town Square Test”. In “Metaphor, Poetry and Cultural Implicature” Ying Zhang examines if the Western understanding of metaphor can be transferred to Chinese language and culture. The additional rubric “On Contemporary Philosophy” involves three articles about the question “Can Science Change our Notion of Existence?” by Jody Azzouni, “The Epistemological Significance of Practices” by Alan Millar, and “On Cappelen and Hawthrone’s ‘Relativism and Monadic Truth’” by J. Adam Carter. Content and abstracts: www.protosociology.de