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In 1974, a small group of young intellectuals, the Li Yizhe group, circulated their dissident manifesto, ‘On Socialist Democracy and the Legal System,’ a probing critique of the leftist authoritarianism of Mao Zedong. This title examines the writings of these dissidents as a means to better understand the views of non-Party Marxists in their struggle to defy the government and construct their own vision of a socialist China. Originally published in 1985, this title remains relevant in relation to contemporary Chinese politics and will be of interest to students of Asian Studies and Politics.
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
A fresh perspective on socialist law as practiced in China and Vietnam, two major socialist states.
This book covers the whole system of Socialism with Chinese Characteristics, dealing with Deng Xiaoping’s theory, the socialist market economy, a moderately well-off (Xiaokang) society, China’s practice and theory of socialist democracy, human rights, and Xi Jinping’s Marxism. In short, the resolute focus is the Reform and Opening-Up. Socialism with Chinese Characteristics is one of the most important global realities today. However, the concept and its practice remain largely misunderstood outside China. This book sets to redress such a lack of knowledge, by making available to non-Chinese speakers the sophisticated debates and conclusions in China concerning socialism with Chinese Characteristics. It presents this material in a way that is both accessible and thorough.
Constitutionalism beyond Liberalism bridges the gap between comparative constitutional law and constitutional theory. The volume uses the constitutional experience of countries in the global South - China, India, South Africa, Pakistan, Indonesia, and Malaysia - to transcend the liberal conceptions of constitutionalism that currently dominate contemporary comparative constitutional discourse. The alternative conceptions examined include political constitutionalism, societal constitutionalism, state-based (Rousseau-ian) conceptions of constitutionalism, and geopolitical conceptions of constitutionalism. Through these examinations, the volume seeks to expand our appreciation of the human possibilities of constitutionalism, exploring constitutionalism not merely as a restriction on the powers of government, but also as a creating collective political and social possibilities in diverse geographical and historical settings.
Building on extensive fieldwork in China and Indonesia, Hurst offers a valuable comparison of legal systems in practice.
A respected Chinese political philosopher calls for the Communist Party to take the lead in moving China along the path to democracy before it is too late. With Xi Jinping potentially set as president for life, China’s move toward political democracy may appear stalled. But Jiwei Ci argues that four decades of reform have created a mentality in the Chinese people that is just waiting for the political system to catch up, resulting in a disjunction between popular expectations and political realities. The inherent tensions in a largely democratic society without a democratic political system will trigger an unprecedented crisis of legitimacy, forcing the Communist Party to act or die. Two crises loom for the government. First is the waning of the Communist Party’s revolutionary legacy, which the party itself sees as a grave threat. Second is the fragility of the next leadership transition. No amount of economic success will compensate for the party’s legitimacy deficit when the time comes. The only effective response, Ci argues, will be an orderly transition to democracy. To that end, the Chinese government needs to start priming its citizens for democracy, preparing them for new civil rights and civic responsibilities. Embracing this pragmatic role offers the Communist Party a chance to survive. Its leaders therefore have good reason to initiate democratic change. Sure to challenge the Communist Party and stir debate, Democracy in China brings an original and important voice to an issue with far-reaching consequences for China and the world.
Traditionally, social theorists in the West have structured models of state social control according to the tenet that socialization is accomplished by means of external controls on behavior: undesirable actions are punished and desirable actions result either in material reward or a simple respite from the oppressive attentions of an authoritarian state. In this volume, the author presents the tradition of law in China as an exception to the Western model of social control. The Confucian bureaucracy that has long structured Chinese social life melded almost seamlessly with the Maoist revolutionary agenda to produce a culture in which collectivism and an internalized adherence to social law are, in some respects, congenital features of Chinese social consciousness. Through her investigation of the Maoist concept of revolutionary justice and the tradition of conformist acculturation in China, the author constructs a fascinating counterpoint to traditional Western arguments about social control.
Authored by Professor Yu Keping, a famous Chinese political scholar, this book focuses on the core issues of democracy and the rule of law in China. It provides the readers with insights into China's political development in the past 60 years and the changes in China's governance in the past 30 years, especially pertaining to democracy in China's governance. The book encapsulates Prof Yu's reform ideas on political development in China, and gives the readers a glimpse into the future of China's democracy.