The Limits of the Rule of Law in China

Author: Karen G. Turner
Publisher: University of Washington Press
ISBN: 9780295803890
Release Date: 2015-05-01
Genre: History

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.

Inside China s Legal System

Author: Chang Wang
Publisher: Chandos Publishing
ISBN: 9780857094612
Release Date: 2013-10-31
Genre: Law

China’s legal system is vast and complex, and robust scholarship on the subject is difficult to obtain. Inside China’s Legal System provides readers with a comprehensive look at the system including how it works in practice, theoretical and historical underpinnings, and how it might evolve. The first section of the book explains the Communist Party’s utilitarian approach to law: rule by law. The second section discusses Confucian and Legalist views on morality, law and punishment, and the influence such traditional Chinese thinking has on contemporary Chinese law. The third section focuses on the roles of key players (including judges, prosecutors, lawyers, and legal academics) in the Chinese legal system. The fourth section offers Chinese legal case studies in civil, criminal, administrative, and international law. The book concludes with a comparison of China’s fundamental governing and legal principles with those of the United States, in such areas as checks and balances, separation of powers, and due process. Uses extensive legal materials and historical documents generally unavailable to Western based academics Gives insider knowledge, including first-hand experience teaching law, and close involvement with judges, attorneys, and law professors in China Analyses legal issues from historical and cultural perspectives holistically

Political Reform in Post Mao China

Author: Barrett L. McCormick
Publisher: Univ of California Press
ISBN: 0520067657
Release Date: 1990-01-01
Genre: Political Science

Since the death of Mao the leadership of the Chinese Communist Party has embarked on a series of ambitious political reforms. In his new book, Barrett McCormick develops a theory of Leninist states to explore the prospect for these reforms. He finds that, while significant economic and political gains have been made for the Chinese people, the basic contours of the state remain unchanged; and as events in June 1989 clearly showed, reform has not diminished the state's ability to impose its perogatives on society. Drawing on Weber's political sociology, McCormick argues that patronage and corruption are integral aspects of Leninist rulership. Reformers have attempted to promote democracy and law and to fight corruption, but when they attempt to implement their programs through traditional hierarchical Leninist institutions, lower-level cadres have been able to utilize patronage networks to blunt the impact of reform and protect their personal agenda. In his case studies of the legal system, the people's congress, and party rectification, McCormick points up these obstacles to progressive change and assesses the extent to which reformers' goals have been realized. He shows that, despite the often radical nature of the reform movements, the principal dimensions of the Leninist system--one party rule, state domination of the economy, a confining ideology--remain largely intact. These findings will be of interest to China specialists as well as students of comparative communism and Leninist states. Since the death of Mao the leadership of the Chinese Communist Party has embarked on a series of ambitious political reforms. In his new book, Barrett McCormick develops a theory of Leninist states to explore the prospect for these reforms. He finds that, while significant economic and political gains have been made for the Chinese people, the basic contours of the state remain unchanged; and as events in June 1989 clearly showed, reform has not diminished the state's ability to impose its perogatives on society. Drawing on Weber's political sociology, McCormick argues that patronage and corruption are integral aspects of Leninist rulership. Reformers have attempted to promote democracy and law and to fight corruption, but when they attempt to implement their programs through traditional hierarchical Leninist institutions, lower-level cadres have been able to utilize patronage networks to blunt the impact of reform and protect their personal agenda. In his case studies of the legal system, the people's congress, and party rectification, McCormick points up these obstacles to progressive change and assesses the extent to which reformers' goals have been realized. He shows that, despite the often radical nature of the reform movements, the principal dimensions of the Leninist system--one party rule, state domination of the economy, a confining ideology--remain largely intact. These findings will be of interest to China specialists as well as students of comparative communism and Leninist states.

Legal Reform and Administrative Detention Powers in China

Author: Sarah Biddulph
Publisher: Cambridge University Press
ISBN: 9781139468091
Release Date: 2007-12-20
Genre: Law

Using a conceptual framework, this 2007 book examines the processes of legal reform in post-socialist countries such as China. Drawing on Bourdieu's concept of the 'field', the increasingly complex and contested processes of legal reform are analysed in relation to police powers. The impact of China's post-1978 legal reforms on police powers is examined through a detailed analysis of three administrative detention powers: detention for education of prostitutes; coercive drug rehabilitation; and re-education through labour. The debate surrounding the abolition in 1996 of detention for investigation (also known as shelter and investigation) is also considered. Despite over 20 years of legal reform, police powers remain poorly defined by law and subject to minimal legal constraint. They continue to be seriously and systematically abused. However, there has been both systematic and occasionally dramatic reform of these powers. This book considers the processes which have made these legal changes possible.

Practical Global Family Law

Author: Janet Richards
Publisher:
ISBN: 1594604347
Release Date: 2009
Genre: Law

Practical Global Family Law puts the subject of divorce litigation in context based on the substantive law of the United States, China, and Italy. The book gives an overview of the common law and civil law systems and then compares the divorce laws and procedures of the three countries by taking a hypothetical divorce case between Mario, an Italian-American, and Lily, a Chinese-American as they seek to obtain a divorce in the U.S., China, and Italy, respectively. This book is designed as a student reader, to provide a comparative family law experience for students in a basic family law class or a comparative law class. The initial chapters give a basic overview of common law and civil law, a bit of background about each country, and the facts on which our divorce is based. The remaining chapters focus directly on the divorce itself, covering such topics as divorce procedure, grounds for divorce, child custody and visitation, child support, property division, spousal support, spousal agreements, appeals, and attorney fees. Charts are inserted at the end of the substantive chapters to highlight and summarize the similarities and differences between the countries.

Legal Orientalism

Author: Teemu Ruskola
Publisher: Harvard University Press
ISBN: 9780674075788
Release Date: 2013-06-01
Genre: Law

After the Cold War, how did China become a global symbol of disregard for human rights, while the U.S positioned itself as the chief exporter of the rule of law? Teemu Ruskola investigates globally circulating narratives about what law is and who has it, and shows how “legal Orientalism” developed into a distinctly American ideology of empire.

Is International Law International

Author: Anthea Roberts
Publisher: Oxford University Press
ISBN: 9780190696436
Release Date: 2017-09-18
Genre: Law

This book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality. Pulling back the curtain on the "divisible college of international lawyers," Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea. Not all approaches to international law are created equal, however. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the "international." This point holds true for Western actors, materials, and approaches in general, and for Anglo-American (and sometimes French) ones in particular. However, these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others -- an essential skill in this fast changing world of shifting power dynamics and rising nationalism.

Lawyers in China

Author: Timothy A. Gelatt
Publisher:
ISBN: STANFORD:36105043330005
Release Date: 1991
Genre: Law