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This volume challenges the conventional wisdom about judicial independence in China and its relationship to economic growth, rule of law, human rights protection, and democracy. The volume adopts an interdisciplinary approach that places China's judicial reforms and the struggle to enhance the professionalism, authority, and independence of the judiciary within a broader comparative and developmental framework. Contributors debate the merits of international best practices and their applicability to China; provide new theoretical perspectives and empirical studies; and discuss civil, criminal, and administrative cases in urban and rural courts. This volume contributes to several fields, including law and development and the promotion of rule of law and good governance, globalization studies, neo-institutionalism and studies of the judiciary, the emerging literature on judicial reforms in authoritarian regimes, Asian legal studies, and comparative law more generally.
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.
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
"Over the past decade, Carothers has established himself as the leading U.S. expert on democracy promotion. He is a powerful critic not only of the nuts-and-bolts of democracy assistance but also of U.S. grand strategy overall."--SAIS Review Promoting the rule of law has become a major part of Western efforts to spread democracy and market economics around the world. Yet, although programs to foster the rule of law abroad have mushroomed, well-grounded knowledge about what factors ensure success, and why, remains scarce. In Promoting the Rule of Law Abroad, leading practitioners and policy-oriented scholars draw on years of experience--in Russia, China, Latin America, Central and Eastern Europe, the Middle East, and Africa--to critically assess the rationale, methods, and goals of rule-of-law policies. These incisive, accessible essays offer vivid portrayals and penetrating analyses of the challenges that define this vital but surprisingly little-understood field.Contributors include Rachel Belton (Truman National Security Project), Lisa Bhansali (World Bank), Christina Biebesheimer (World Bank), Thomas Carothers (Carnegie Endowment), Wade Channell, Stephen Golub, and David Mednicoff (University of Massachusetts, Amherst), Laure-H�l�ne Piron (Overseas Development Institute), Matthew Spence (Yale Law School), Matthew Stephenson (Harvard Law School), and Frank Upham (NYU School of Law).
Of all the issues presented by China’s ongoing economic and sociopolitical transformation, none may ultimately prove as consequential as the development of the Chinese legal system. Even as public demand for the rule of law grows, the Chinese Communist Party still interferes in legal affairs and continues in its harsh treatment of human rights lawyers and activists. Both the frequent occurrences of social unrest in recent years and the growing tension between China’s various interest groups underline the urgency of developing a sound and sustainable legal system. As one of China’s most influential law professors, He Weifang has been at the forefront of the country’s treacherous path toward justice and judicial independence for over a decade. Among his many remarkable endeavors was a successful petition in 2003 that abolished China’s controversial regulations permitting the internment and deportation of urban “vagrants,” bringing to an end two decades of legal discrimination against migrant workers. His bold remarks at the famous New Western Hills Symposium in 2006, including his assertion that “China’s party-state structure violates the PRC Constitution,” are considered a watershed moment in the century-long movement for a constitutional China. With In the Name of Justice, He presents his critical assessment of the state of Chinese legal reform. In addition to a selection of his academic writings, this unique book also includes many of He Weifang’s public speeches, media interviews, and open letters, providing additional insight into his dual roles as thinker and practitioner in the Chinese legal world. Among the topics covered are judicial independence, judicial review, legal education, capital punishment, and the legal protection of free speech and human rights. The volume also offers a historical review of the evolution of Chinese traditional legal thought, enhanced by cross-country comparisons. A proponent of reform rather than revolution, He believes only true constitutionalism can guarantee social justice and enduring stability for China. "He Weifang has argued for two decades that rule of law, however inconvenient at times to some of those who govern, must be embraced because it is ultimately the most reliable protector of the interests of the country, of the average citizen, and, in fact, even of those who govern."—from the Foreword by John L. Thornton, chairman, Brookings Institution Board of Trustees and Professor and Director of Global Leadership at Tsinghua University "What struck me—and shocked me as a foreign visitor—was not only that the entire discussion was explicitly critical of the Chinese Communist Party for its resistance to any meaningful judicial reform, but also that the atmosphere was calm, reasonable, and marked by a sense of humor and sophistication in the expression of ideas."—from the Introduction by Cheng Li, director of research and senior fellow at the John L. Thornton China Center at Brookings
Rule of law, one of the pillars of the modern world, has emerged in Western liberal democracies. This book considers how rule of law is viewed and implemented in the different cultural, economic and political context of Asia.
In the modern era, political leaders and scholars have declared the rule of law to be essential to democracy, a necessity for economic growth, and a crucial tool in the fight for security at home and stability abroad. The United States has spent billions attempting to catalyze rule-of-law improvements within other countries. Yet despite the importance of the goal to core foreign policy needs, and the hard work of hundreds of practitioners on the ground, the track record of successful rule-of-law promotion has been paltry. In Advancing the Rule of Law Abroad, Rachel Kleinfeld describes the history and current state of reform efforts and the growing movement of second-generation reformers who view the rule of law not as a collection of institutions and laws that can be built by outsiders, but as a relationship between the state and society that must be shaped by those inside the country for lasting change. Based on research in countries from Indonesia to Albania, Kleinfeld makes a compelling case for new methods of reform that can have greater chances of success. This book offers a comprehensive overview of this growing area of policy action where diplomacy and aid meet the domestic policies of other states. Its insights into the practical methods and moral complexities of supporting reform within other countries will be useful to practitioners and students alike.
A study of the decision-making process of Chinese courts and the non-legal forces and regional factors that influence judicial outcomes.
The rise of China signals a new chapter in international relations. How China interacts with the international legal order--namely, how China utilizes international law to facilitate and justify its rise and how international law is relied upon to engage a rising China--has invited growing debate among academics and those in policy circles. Two recent events, the South China Sea Arbitration and the US-China trade war, have deepened tensions. This book, for the first time, provides a systematic and critical elaboration of the interplay between a rising China and international law. Several crucial questions are broached. These include: How has China adjusted its international legal policies as China's state identity changes over time, especially as it becomes a formidable power? Which methodologies has China adopted to comply with international law and, in particular, to achieve its new legal strategy of norm entrepreneurship? How does China organize its domestic institutions to engage international law in order to further its ascendance? How does China use international law at a national level (in the Chinese courts) and at an international level (for example, lawfare in international dispute settlement)? And finally, how should "Chinese exceptionalism" be understood? This book contributes significantly to the burgeoning and highly relevant scholarship on China and international law.