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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 : 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 : 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.

Building the Rule of Law in China

Building the Rule of Law in China Book
Author : Weidong Ji
Publisher : Routledge
Release : 2020-05
ISBN : 9780367534431
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.

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.

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.

The Chinese Path of Rule of Law Construction

The Chinese Path of Rule of Law Construction Book
Author : He Tian,Yanbin Lv
Publisher : Springer Nature
Release : 2021-08-09
ISBN : 9811641307
Language : En, Es, Fr & De

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Book Description :

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.

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 : 2018-05-31
ISBN : 9781788112383
Language : En, Es, Fr & De

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Book Description :

Building upon an understanding of the rule of law as an 'essentially contested concept', this insightful book investigates the historical, political, and legal foundations of the Chinese perspectives on the rule of law at both a national and international level.In particular, chapters focus on China's impact on global trade and security governance. These case studies enable conclusions to be drawn regarding China's more general perspectives on the international rule of law as a concept. Offering a thorough analysis of EU-China relationships, the book highlights the prospects and challenges for a meaningful dialogue on the rule of law and the international rule of law. In doing so, it illustrates the merits of the rule of law as a concept to engage in meaningful dialogues across a myriad of legal and political systems.This book will hold particular appeal for students and scholars of Chinese law, International law, EU-China relations, and legal theory. Policy makers will also find this a stimulating read as the work aims to build both academic and policy bridges between the Western and Chinese conceptions on the rule of law at both national and international levels.

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.

The Limits of the Rule of Law in China

The Limits of the Rule of Law in China Book
Author : Karen G. Turner,James V. Feinerman,R. Kent Guy
Publisher : University of Washington Press
Release : 2015-05-01
ISBN : 0295803894
Language : En, Es, Fr & De

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Book Description :

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.

Christian Social Activism and Rule of Law in Chinese Societies

Christian Social Activism and Rule of Law in Chinese Societies Book
Author : Chris White,Fenggang Yang
Publisher : Rowman & Littlefield
Release : 2021-06-10
ISBN : 1611463246
Language : En, Es, Fr & De

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Book Description :

The historical analysis, theological reflections, and sociological observations found in the chapters of Christian Social Activism and Rule of Law in Chinese Societies reveal the vibrant influence of Christian individuals and groups on social, political, and legal activism in mainland China, Taiwan, Hong Kong, and diasporic communities.

Ruling Before the Law

Ruling Before the Law Book
Author : William Hurst
Publisher : Cambridge University Press
Release : 2018-04-19
ISBN : 1108427200
Language : En, Es, Fr & De

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Book Description :

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

Debating Political Reform in China

Debating Political Reform in China Book
Author : Suisheng Zhao,M. E. Sharpe Incorporated,Professor and Executive Director Suisheng Zhao
Publisher : M.E. Sharpe
Release : 2006
ISBN : 9780765617316
Language : En, Es, Fr & De

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Book Description :

Explores the options for political reform in China. Presents the argument for building a consultive rule of law regime as an alternative to liberal democracy, provides critiques of this thesis, and then tests the thesis through empirical studies on the development of the rule of law in China.

Law and Society in China

Law and Society in China Book
Author : Vai Io Lo
Publisher : Edward Elgar Publishing
Release : 2020-02-28
ISBN : 1785363093
Language : En, Es, Fr & De

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Book Description :

Law and Society in China examines the interplay between law and society from imperial to present-day China. This synoptic book traces the developments of law in Chinese societies, investigates the role of law in social governance, and discusses China’s ongoing reforms towards the rule of law with Chinese characteristics. In fostering a comprehensive, rather than piecemeal and disconnected, understanding of the interaction between law and society in China, this book will reduce misconceptions about and enhance appreciation for Chinese law.

Bird in a Cage

Bird in a Cage Book
Author : Stanley B. Lubman
Publisher : Stanford University Press
Release : 1999
ISBN : 9780804743785
Language : En, Es, Fr & De

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Book Description :

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.

Law Without Lawyers Justice Without Courts

Law Without Lawyers  Justice Without Courts Book
Author : Bee Chen Goh
Publisher : Unknown
Release : 2018-09-18
ISBN : 9781138380080
Language : En, Es, Fr & De

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Book Description :

The Chinese have, since ancient times, professed a non-litigious outlook. Similarly, their preference for mediation has fascinated the West for centuries. Mediation has been popularized by the Chinese who subscribe to the Confucian notions of harmony and compromise. It has been perpetuated in the People's Republic of China and by the overseas Chinese communities elsewhere, such as in Malaysia and Taiwan. Seen as the chief contributing factor in their litigation-averse nature, as well as the reason behind the significant role given to traditional mediation, this compelling book traces the cultural tradition of the Chinese. It uses rural Chinese Malaysians as illustrative examples and offers new insights into the nature of mediation East and West. It is an important reference and essential resource for anyone keen to learn about traditional Chinese concepts of law, justice and dispute settlement. Equally, it makes a unique contribution to the existing ADR literature by undertaking a socio-legal study on traditional Chinese mediation.

Building the Rule of Law in China

Building the Rule of Law in China Book
Author : Weidong Ji
Publisher : China Perspectives
Release : 2017
ISBN : 9781138089099
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

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.

Mediation

Mediation Book
Author : Klaus J. Hopt,Felix Steffek
Publisher : Oxford University Press
Release : 2013
ISBN : 0199653488
Language : En, Es, Fr & De

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Book Description :

Mediation has become a vital means of resolving disputes in jurisdictions around the world. This book offers the most comprehensive comparative analysis available of mediation, introducing the law and practical experience of mediation in 22 jurisdictions and analysing how mediation should be regulated at a national and international level.

China s Long March Toward Rule of Law

China s Long March Toward Rule of Law Book
Author : Randall Peerenboom
Publisher : Cambridge University Press
Release : 2002-09-26
ISBN : 9780521016742
Language : En, Es, Fr & De

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Book Description :

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.

Lawfare

Lawfare Book
Author : Orde F. Kittrie
Publisher : Oxford University Press
Release : 2016
ISBN : 0190263571
Language : En, Es, Fr & De

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Book Description :

In Lawfare, author Orde Kittrie's draws on his experiences as a lawfare practitioner, US State Department attorney, and international law scholar in analyzing the theory and practice of the strategic leveraging of law as an increasingly powerful and effective weapon in the current global security landscape. Lawfare incorporates case studies of recent offensive and defensive lawfare by the United States, Iran, China, and by both sides of the Israeli-Palestinian conflict and includes dozens of examples of how lawfare has thus been waged and defended against. Kittrie notes that since private attorneys can play important and decisive roles in their nations' national security plans through their expertise in areas like financial law, maritime insurance law, cyber law, and telecommunications law, the full scope of lawfare's impact and possibilities are just starting to be understood.