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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. China’s unprecedented economic development following the implementation of the Reform and Opening policy has drawn widespread international attention; yet accompanying political developments have been largely overlooked. A compilation of the works of twelve contemporary Chinese scholars, this book offers unique insights into the wealth of viewpoints and diversity of issues influencing and defining the development of democracy and the rule of law in China. Based on theoretical and practical analyses of China’s political development to date, the authors propose specific models for the expansion of democratic mechanisms already present in the current political structure. Exploring topics ranging from autonomous village governance and grassroots elections to constitutional reform and judicial independence, the authors are unified on one point: China’s political development must pursue a gradual, distinctly-Chinese course in order to promote social stability, continued economic advancement, and the establishment of a socialist democratic society.
The Thirty years since China s reform and opening have been very eventful for the country s legal reforms, and this volume presents a multi-disciplinary look at the current scholarship going on in China on the subject. The articles have been translated into English to assist scholars worldwide in understanding China s recent legal history and also to help familiarize them with the currents of contemporary Chinese scholarship. Individual subjects include commercial law, the evolving relationship between the Chinese government and its citizens, administrative law and criminal justice. There are also chapters on newly emerging areas of the law that are crucial to China s future development, such as the chapters on environmental law and intellectual property. The volume also includes a chapter on legal education and the legal profession, judicial reform and the development of law to protect the rights of the disadvantaged.
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.
This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
How can one of the world's most free-wheeling cities transition from a vibrant global center of culture and finance into a subject of authoritarian control?As Beijing's anxious interference has grown, the "one country, two systems" model China promised Hong Kong has slowly drained away in the yearssince the 1997 handover. As "one country" seemed set to gobble up "two systems," the people of Hong Kong riveted the world's attention in 2019 by defiantly demanding the autonomy, rule of law and basic freedoms they were promised. In 2020, the new National Security Law imposed by Beijing aimed to snuff out such resistance. Will the Hong Kong so deeply held in the people's identity and the world's imagination be lost? Professor Michael Davis, who has taught human rights and constitutional law in this city for over three decades, and has been one of its closest observers, takes us on this constitutional journey.
A collection of essays exploring whether a distinctive Chinese model for law and economic development exists.
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 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.
"Before the next National Congress of the Communist Party of China, due in November 2022, President Xi Jinping will be removed from office by a coup d'état mounted by rivals in the top leadership who will end the tyranny of the one-party dictatorship and launch a transition to democracy and the rule of law. The main body of this book, Part 2, explains why it will happen. Parts 1 and 3 tell how it may happen"--
This essential guide to Chinese etiquette will make embarrassing social blunders a thing of the past! Whether you're traveling to China for business or pleasure, whether your stay will be long or short, your visit will be more pleasurable and effective if you understand your host culture and how to work within it. This updated and expanded edition of the best-selling Chinese etiquette guide on the market addresses not just the puzzling protocols relating to name cards, bowing or shaking hands, bathrooms and public baths--but also what to do when entertaining Chinese dinner guests, attending a Chinese tea ceremony, taking the subway, and much more! It also provides the latest etiquette in mobile phone manners, texting, social media and other forms of digital communication. The glossary at the back of the book has been revised to include the latest technology-related words and expressions used in China today. Two new chapters address the changing role of foreigners in the workplace and the contemporary business style and etiquette used by the younger generation of China who are now increasingly cosmopolitan--but still very Chinese! Etiquette Guide to China includes everything you need to know to be a successful, courteous traveler: Hand gestures and body language How to address the Chinese Dining and restaurant manners Gift giving and celebration in China Entering into and understanding business relationships How to behave in professional situations Dealing with China's political culture The Chinese way of negotiating