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This book reviews and assesses the status quo concerning the rule of law in China in 2017 and predicts its future development in such fields as legislation, judicial reform, civil, commercial and economic law, social law, safeguarding of human rights, criminality, Internet finance, the securities market, pilot free trade zones, administrative public interest litigation, regulation of investment management business, and AI. The book consists of a series of reports on the assessment of rule of law carried out by the Innovation Project Team on the Rule of Law Index at the Institute of Law, Chinese Academy of Social Sciences. Drawing on data from web portals and using the methods of browsing websites and verifying results through phone calls, the book includes assessment reports on the government transparency of 54 departments under the State Council and the governments of 31 provinces (autonomous regions and municipalities directly under the Central Government), 49 larger cities, and 100 counties (cities and districts). In addition, reports are provided on the judicial transparency of the Supreme People’s Court, 31 higher people’s courts, and the intermediate people’s courts of 49 larger cities, the procuratorial transparency of the Supreme People’s Procuratorate and people’s procuratorates of 31 provinces (autonomous regions and municipalities directly under the Central Government) and 49 larger cities, as well as the maritime judicial transparency of 10 maritime courts in the country. The book also includes reports on disclosure of information and transparency in the public security organs of four municipalities directly under the Central Government and 27 provincial (autonomous regional) capitals. Given its scope, the book offers a valuable asset for legal scholars, lawyers, judges, prosecutors, graduate and undergraduate students, and all those who are interested in Chinese law and the country’s rule of law index.
The World Justice Project (WJP) joins efforts to produce reliable data on rule of law through the WJP Rule of Law Index 2016, the sixth report in an annual series, which measures rule of law based on the experiences and perceptions of the general public and in-country experts worldwide. We hope this annual publication, anchored in actual experiences, will help identify strengths and weaknesses in each country under review and encourage policy choices that strengthen the rule of law. The WJP Rule of Law Index 2016 presents a portrait of the rule of law in each country by providing scores and rankings organized around eights factors: constraints on government powers, absence of corruption, open government, fundamental rights, order and security, regulatory enforcement, civil justice, and criminal justice. A ninth factor, informal justice, is measured but not included in aggregated scores and rankings. These factors are intended to reflect how people experience rule of law in everyday life. The country scores and rankings for the WJP Rule of Law Index 2016 are derived from more than 110,000 households and 2,700 expert surveys in 113 countries and jurisdictions. The Index is the world%s most comprehensive data set of its kind and the only to rely solely on primary data, measuring a nation%s adherence to the rule of law from the perspective of how ordinary people experience it. These features make the Index a powerful tool that can help identify strengths and weaknesses in each country, and help to inform policy debates, both within and across countries, that advance the rule of law.
The rule of law provides the foundation for communities of opportunityand equity - communities that offer sustainable economic development,accountable government, and respect for fundamental rights.Executive SummaryThe World Justice Project (WJP) joins efforts to producereliable data on rule of law through the WJP Rule of LawIndex 2015, the fifth report in an annual series, whichmeasures rule of law based on the experiences andperceptions of the general public and in-country expertsworldwide. We hope this annual publication, anchoredin actual experiences, will help identify strengths andweaknesses in each country under review and encouragepolicy choices that strengthen the rule of law.The WJP Rule of Law Index 2015 presents a portraitof the rule of law in each country by providing scoresand rankings organized around nine factors: constraintson government powers, absence of corruption, opengovernment, fundamental rights, order and security,regulatory enforcement, civil justice, criminal justice, andinformal justice. These factors are intended to reflecthow people experience rule of law in everyday life.The country scores and rankings for the WJP Ruleof Law Index 2015 are derived from more than100,000 household and expert surveys in 102countries and jurisdictions. The Index is the world'smost comprehensive data set of its kind and the onlyto rely solely on primary data, measuring a nation'sadherence to the rule of law from the perspective ofhow ordinary people experience it. These featuresmake the Index a powerful tool that can help identifystrengths and weaknesses in each country, and helpto inform policy debates, both within and acrosscountries, that advance the rule of law.
This book investigates and evaluates the indexes of Government Transparency, Judicial Transparency, Procuratorial Transparency, and Legislation by Local People’s Congresses in China. It explores a representative case study on the Rule of Law in Yuhang District of Hangzhou City, assesses the progress made and remaining problems in the implementation of these systems, and puts forward suggestions on how they could be improved in the future.
This book is a compilation of thematically arranged essays that critically analyze emerging developments, issues, and perspectives in the field of comparative law, especially in the field of comparative constitutional law. The book discusses limits and challenges of comparativism, comparative aspects of arbitral awards, cross-border consumer disputes, online hate speech, authoritarian constitutions, issues related to legal transplants, the indispensability of the idea of the concept of Rechtsstaat, interdisciplinary challenges of comparative environmental law, free exercise of religions, public interest litigation, constitutional interpretation and developments, and sustainable development in model BITs. It comprises seven parts, wherein the first part focuses on general themes of comparative law, the second part discusses private law through a comparative lens, and the third, fourth, and fifth parts examine aspects of public law with special focus on constitutional law, human rights, environmental law, and economic laws. The last part of the book covers recent developments in the field of comparative law. The book intends to seamlessly tie together discussions on both public and private law aspects of comparative law. It encourages readers to gain a nuanced understanding of the working of law, legal systems, and legal cultures while aiding deliberations on the constituents of an ideal system of law.
本书是《中国法院信息化发展报告》的英文版，围绕《人民法院信息化建设五年发展规划（2016～2020）》所确定的建设任务，对中国法院2016年建设人民法院信息化3.0版、打造“智慧法院”的成效进行了总结分析。书中围绕审判管理信息化、信息化推进司法公开、信息化助力基本解决执行难、司法大数据应用等方面总结了全国法院信息化的进展；对地方法院在信息化建设、信息化助力提升司法质效、助力诉讼服务、助力司法大数据应用等方面的情况进行了分析。
Since the turn of the century, the liberalization of capital markets has caused exponential growth of foreign direct investment (FDI). However, developments in recent years have shown that countries have placed limitations on foreign investors. In addition, dynamic economic developments in the surge of financial and economic crisis and later have clearly exposed the possibility that FDI will change course and result in foreign direct divestment. This book looks at specific country experiences related to FDI as well as determinants of FDI that could be connected to the new course of divestment.
Global Perspectives on the Rule of Law is a collection of original research on the rule of law from a panel of leading economists, political scientists, legal scholars, sociologists and historians. The chapters critically analyze the meaning and foundations of the rule of law and its relationship to economic and democratic development, challenging many of the underlying assumptions guiding the burgeoning field of rule of law development. The combination of jurisprudential, quantitative, historical/comparative, and theoretical analyses seeks to chart a new course in scholarship on the rule of law: the volume as a whole takes seriously the role of law in pursuing global justice, while confronting the complexity of instituting the rule of law and delivering its promised benefits. Written for scholars, practitioners, and policy-makers, Global Perspectives on the Rule of Law offers a unique combination of jurisprudential and empirical research that will be provocative and relevant to those who are attempting to understand and advance the rule of law globally. The chapters progress from broad questions regarding current rule of development efforts and the concept of rule of law to more specific issues pertaining to economic and democratic development. Specific countries, such as China, India, and seventeenth century England and the Netherlands, serve as case studies in some chapters, while broad global surveys feature in other chapters. Indeed, this impressive scope of research ushers in the next generation of scholarship in this area.
Chinese Legality focuses on the concept of "legality" as a lens through which to look at Chinese legal reforms, making a valuable contribution to the argument that law has historically been used as a tool to control society in China. This book discusses how Chinese legality in the Xi Jinping era is defined from a theoretical, ideological, historical, and cultural point of view. Covering vitally important events such as Xi’s term limit issue, the Hong Kong protests and the Covid-19 pandemic, the book examines how legality is reflected and embodied in laws and constitutions, and how legality is realized through institutions, with particular focus on how the CCP interacts with the legislature, the judiciary, the procuratorate, and the police. As a study of the legal reforms under Xi Jinping, this book will be of interest to students and scholars of Chinese politics and law.