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This book examines the historical and politico-economic context in which Chinese law has developed and transformed, focusing on the underlying factors and justifications for changes. It attempts to sketch the main trends in legal modernisation in China and, by doing so, it is hoped that the main features of contemporary Chinese law can be outlined and the nature of contemporary Chinese law can be better understood from a developmental perspective. This book offers a comprehensive coverage of topics such as: 'legal culture' and modern law reform, constitutional law, legal institutions, law-making, administrative law, criminal law, criminal procedure law, civil law, property, family law, contracts, law on business entities, securities, bankruptcy, intellectual property, law on foreign investment and trade, and implementation of law.
China has changed and the continuing changes have not just been about economic development. Among the many transformations there has been another quiet, peaceful, and largely successful (but far from perfect) ‘revolution’ in the area of law, whose deficiencies have been more often mercilessly examined and documented than have its historical achievements and significance. This legal ‘revolution’ is the subject matter of the present book. Like the previous edition in 2008, it examines the historical and politico-economic context in which Chinese law has developed and transformed, focusing on the underlying factors and justifications for the changes. It attempts to sketch the main trends in legal modernisation in China, offering an outline of the principal features of contemporary Chinese law and a clearer understanding of its nature from a developmental perspective. It provides comprehensive coverage of topics: ‘legal culture’ and modern law reform, constitutional law, legal institutions, law-making, administrative law, criminal law, criminal procedure law, civil law, property, family law, contracts, torts, law on business entities, securities, bankruptcy, intellectual property, law on foreign investment and trade, Chinese investment overseas, dispute settlement and implementation of law. Fully revised, updated and considerably expanded, this edition of Chinese Law: Context and Transformation is a valuable and important resource for researchers, policy-makers and teachers alike.
Eight years of changes in China have passed since the publication of the previous highly successful edition of this book. These changes have not just been about economic development. Among the many transformations there has been another quiet, peaceful, and largely successful (but far from perfect) ‘revolution’ in the area of law, whose deficiencies have been more often mercilessly examined and documented than have its historical achievements and significance. This legal ‘revolution’ is the subject matter of the present book. Like the previous edition, it examines the historical and politico-economic context in which Chinese law has developed and transformed, focusing on the underlying factors and justifications for changes. It attempts to sketch the main trends in legal modernisation in China, offering an outline of the main features of contemporary Chinese law and a clearer understanding of its nature from a developmental perspective. It offers comprehensive coverage of topics such as: ‘legal culture’ and modern law reform, constitutional law, legal institutions, law-making, administrative law, criminal law, criminal procedure law, civil law, property, family law, contracts, law on business entities, securities, bankruptcy, intellectual property, law on foreign investment and trade, and implementation of law. Fully revised, updated and considerably expanded, this editon of Chinese Law: Context and Transformation is a valuable and important resource for reasearchers, policy-makers and teachers alike.
Winner of the Lionel Gelber Prize National Book Critics Circle Award Finalist An Economist Best Book of the Year | A Financial Times Book of the Year | A Wall Street Journal Book of the Year | A Washington Post Book of the Year | A Bloomberg News Book of the Year | An Esquire China Book of the Year | A Gates Notes Top Read of the Year Perhaps no one in the twentieth century had a greater long-term impact on world history than Deng Xiaoping. And no scholar of contemporary East Asian history and culture is better qualified than Ezra Vogel to disentangle the many contradictions embodied in the life and legacy of China’s boldest strategist. Once described by Mao Zedong as a “needle inside a ball of cotton,” Deng was the pragmatic yet disciplined driving force behind China’s radical transformation in the late twentieth century. He confronted the damage wrought by the Cultural Revolution, dissolved Mao’s cult of personality, and loosened the economic and social policies that had stunted China’s growth. Obsessed with modernization and technology, Deng opened trade relations with the West, which lifted hundreds of millions of his countrymen out of poverty. Yet at the same time he answered to his authoritarian roots, most notably when he ordered the crackdown in June 1989 at Tiananmen Square. Deng’s youthful commitment to the Communist Party was cemented in Paris in the early 1920s, among a group of Chinese student-workers that also included Zhou Enlai. Deng returned home in 1927 to join the Chinese Revolution on the ground floor. In the fifty years of his tumultuous rise to power, he endured accusations, purges, and even exile before becoming China’s preeminent leader from 1978 to 1989 and again in 1992. When he reached the top, Deng saw an opportunity to creatively destroy much of the economic system he had helped build for five decades as a loyal follower of Mao—and he did not hesitate.
Building on extensive fieldwork in China and Indonesia, Hurst offers a valuable comparison of legal systems in practice.
In recent years, Chinese policymakers and corporate leaders have focused significant attention on the concept of corporate culture. This book will reveal the political, social and economic factors behind the enormous current interest in corporate culture in China and provide a wide range of case studies that focus on how large corporations like Haier, Huawei and Mengniu have attempted to transform their cultures, and how they represent themselves as complying with the Chinese government’s interpretation of "positive" corporate culture. Hawes demonstrates how the foreign concept of corporate culture has been re-defined in China to fit the Chinese political, social and cultural context. He examines how this re-definition of corporate culture reflects a uniquely Chinese conception of the purposes and social functions of the capitalist business corporation and how the Chinese Communist Party’s active promotion of "socialist" corporate culture evidences a shift in the Party’s identity towards a business-friendly champion of corporate and economic development. This work will be of great interest to students and scholars of Asian Studies, Business and Management and Chinese studies.
The immense process of economic and social transformation currently underway in China and Vietnam is well known and extensively documented. However, less attention has been devoted to the process of Chinese and Vietnamese legal change which is nonetheless critical for the future politics, society and economy of these two countries. In a unique comparative approach that brings together indigenous and international experts, Asian Socialism and Legal Change analyzes recent developments in the legal sphere in China and Vietnam. This book presents the diversity and dynamism of this process in China and Vietnam-the impact of socialism, constitutionalism and Confucianism on legal development; responses to change among enterprises and educational and legal institutions; conflicts between change led centrally and locally; and international influences on domestic legal institutions. Core socialist ideas continue to shape society, but have been adapted to local contexts and needs, in some areas more radically than in others. This book is the first systematic analysis of legal change in transitional economies.
In modern history, China has been primarily a land power, dominating smaller states along its massive continental flanks. But China’s turn toward the sea is now very much a reality, as evident in its stunning rise in global shipbuilding markets, its vast and expanding merchant marine, the wide offshore reach of its energy and minerals exploration companies, its growing fishing fleet, and indeed its increasingly modern navy. Yet, for all these achievements, there is still profound skepticism regarding China’s potential as a genuine maritime power. Beijing must still import the most vital subcomponents for its shipyards, maritime governance remains severely bureaucratically challenged, and the navy evinces, at least as of yet, little enthusiasm for significant blue water power projection capabilities. This volume provides a truly comprehensive assessment of prospects for China’s maritime development by situating these important geostrategic phenomena within a larger world historical context. China is hardly the only land power in history to attempt transformation by fostering sea power. Many continental powers have elected or been impelled to transform themselves into significant maritime powers in order to safeguard their strategic position or advance their interests. We examine cases of attempted transformation from the Persian Empire to the Soviet Union, and determine the reasons for their success or failure. Too many works on China view the nation in isolation. Of course, China’s history and culture are to some extent exceptional, but building intellectual fences actually hinders the effort to understand China’s current development trajectory. Without underestimating the enduring pull of China’s past as it relates to threats to the country’s internal stability and its landward borders, this comparative study provides reason to believe that China has turned the corner on a genuine maritime transformation. If that proves indeed to be the case, it would be a remarkable if not singular event in the history of the last two millennia.
One of the most pressing issues in contemporary China is the massive rural land takings that have taken place at a scale unprecedented in human history. Expropriation of land has dispossessed and displaced millions for several decades, despite the protection of property rights in the Chinese constitution. Combining meticulous doctrinal analysis with in-depth historical investigation, Chun Peng tracks the origin and evolution of China's rural land takings law over the twentieth century and demonstrates an enduring tradition of land takings for state-led social transformation, under which the takings law is designed to be power-confirming. With changed socio-political circumstances and a new rights-respecting constitutional agenda, a rebalance of the law is now underway, but only within existing parameters. Peng provides a piercing analysis of how land has been used by the largest developing country in the world to develop itself, at what costs and where the future might be.
This volume explains China's economic rise and liberalization and assesses how this growth is reshaping the structure and dynamics of global capitalism in the twenty-first century. China has historically been the center of Asian trade, economic, and financial networks, and its global influence continues to expand in the twenty-first century. In exploring the causes for and effects of China's re surging power, this volume takes a broad, long-term view that reaches well beyond economics for answers. Contributors explore the vast web of complex issues raised by China's ascendancy. The first three chapters discuss the global and historical origins of China's shift to a market economy and that transformation's impact on the international market system. Subsequent essays explore the ability of large Chinese manufacturers to counter the might of transnational retailers, the effect of China's rise on world income distribution and labor, and the consequences of a stronger China for its two most powerful neighbors, Russia and Japan. The concluding chapter questions whether China's growth is sustainable and if it will ultimately shift the center of global capitalism from the West to the East.