Constitutional Law In China

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Constitutional Law In China

Author : Xu Chongde
ISBN : 9789403507323
Genre : Law
File Size : 50.59 MB
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Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in China provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in China will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.
Category: Law

Constitutional Law In China

Author : Chongde Xu
ISBN : 9041148612
Genre : Law
File Size : 43.54 MB
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Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in China provides essential information on the country's sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure.
Category: Law

Constitutional Development In China 1982 2012

Author : Lin Li
ISBN : 9789813292611
Genre : Law
File Size : 55.1 MB
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This volume presents an overview of the evolution of the current Chinese Constitution (1982) and the characteristics of constitutional studies since 1978. Readers are introduced to the basic principles of constitutional system in China and gain insights into the real state of Chinese law, allowing them to form their own opinions. It will also aid commercial communications with Chinese legal professionals as well as enterprises. The book covers a number of topics, including the history of constitutional communication between Chinese constitutionalists and the International Association of Constitutional Law since 1981, the most important academic contributions to international conferences concerning constitutional law by Chinese constitutionalists, the main characteristics of the current Chinese Constitution in the field of constitutional studies in China, the key issues of constitutional practice and implementation in China, the challenges of running the fundamental political system of the People’s Representative Congress and the characteristics of rule of law specific to China.
Category: Law

The Constitution Of China

Author : Qianfan Zhang
ISBN : 9781847319913
Genre : Law
File Size : 81.73 MB
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This book on China's constitution and its tradition of constitutionalism is one of the first in the English language, and as such provides a much needed overview of China's constitutional history and present arrangements. The nine chapters are divided into three parts. The first part (Chapters 1 & 2) deals with China's constitutional history, its indigenous and Confucian antecedents, as well as the turbulent century which led up to the 1982 Constitution and the new order which this ushered in. The second chapter deals with the distinctive features of its current constitution. The second part (Chapters 3-6) introduces the institutional structure defined in the current constitution - the relationship between the Centre and the Regions, the role of the party and the role of the People's Congress, the meaning of the socialist rule of law, and the independence of the judiciary. The third part (Chapters 7-9) discusses the major developments in human rights and their deficiencies - the protection offered to life, liberty, property and equality, and at the same time the currently dormant areas of political and religious freedom. The book concludes with a chapter looking forward to the future of the People's Congress and Chinese constitutionalism. In sum, the book offers a readable account of the salient features of Chinese constitutional developments in all major areas.
Category: Law

The Constitutional Identity Of Contemporary China

Author : Han Zhai
ISBN : 9789004388147
Genre : Law
File Size : 47.21 MB
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In The Constitutional Identity of Contemporary China: The Unitary System and Its Internal Logic, Han Zhai an account of constitutional identity merging with China’s constitutional history and her constitutional complex from a comparative perspective.
Category: Law

Building The Rule Of Law In China

Author : Weidong Ji
ISBN : 9781351613057
Genre : Law
File Size : 38.34 MB
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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.
Category: Law

Chinese Law Context And Transformation

Author : Jianfu Chen
ISBN : 9789047423430
Genre : Law
File Size : 80.40 MB
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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.
Category: Law

Rural Land Takings Law In Modern China

Author : Chun Peng
ISBN : 9781107190931
Genre : Law
File Size : 81.42 MB
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A contextualized and critical reading of the origin and evolution of China's rural land takings law.
Category: Law

The Constitutional And Legal Development Of The Chinese Presidency

Author : Zhang Runhua
ISBN : 9780739189900
Genre : Political Science
File Size : 53.33 MB
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Weaving together the study of both Chinese law and politics, this book investigates the evolution of the Chinese presidency and examines how presidential nomination, succession, and power have been determined by an ever-changing mixture of legal and political rules and traditions.
Category: Political Science

Chinese Legal Culture And Constitutional Order

Author : Shiping Hua
ISBN : 9780429515538
Genre : Law
File Size : 56.61 MB
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This book examines China’s striving for a constitutional order in the 20th century from comparative, historical, and theoretical perspectives. Through a comprehensive study of six major constitutional reforms experienced by China in the last century, Shiping Hua explores pragmatism, instrumentalism, statism, and favoritism as the key features of the Chinese legal culture. Demonstrating that these characteristics have roots in China’s ancient past and coincide with modern communist legal theory, it argues that Chinese legal culture has greatly impacted upon the country’s move to modernize its legal system. By analyzing key constitutional periods in China’s history, this book also evaluates patterns that can be used to better comprehend not only China’s present legal reform but its future legal developments too. As the first book to examine how the Chinese legal culture has affected constitutional reform in the 20th century, Chinese Legal Culture and Constitutional Order will be useful to students and scholars of Asian and constitutional law, as well as Chinese Studies more generally.
Category: Law

Report On Constitutional Enforcement And Constitutional Review In China

Author : Lin Li
ISBN : 1844645061
Genre : Law
File Size : 60.20 MB
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This report analyzes the operating mechanism of the constitutional enforcement and constitutional review system in China. From the perspective of comparative law, the implementation of the mechanism of constitutional review in China should not copy the experience in west countries, and the relevant departments and state organs should be comprehensively integrated to advance the supervision of the constitutional enforcement. This report also suggests the establishment of the Constitutional Council mechanism inside the NPC system. (Series: China Advanced Research and Analysis Series) [Subject: Constitutional Law, Comparative Law, Chinese Law]
Category: Law

Democracy And The Rule Of Law In China

Author : Keping Yu
ISBN : 9789004182127
Genre : Political Science
File Size : 67.82 MB
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Democracy and the Rule of Law in China is intended to make 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 available to English-language readers. The writers included in this book are individuals whose views have drawn some attention in the formulation of party and government policy, including the editor, Yu Keping, a prominent party intellectual and vice-director of the Central Compilation and Translation Bureau.
Category: Political Science

Hong Kong S New Constitutional Order

Author : Yash Ghai
ISBN : 9789622094635
Genre : Law
File Size : 44.82 MB
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This is the first systematic analysis of the constitutional, legal, economic, social and political systems of Hong Kong as a special administrative region of China. It examines the Basic Law against its historical and socio-economic contexts, including its international and domestic foundations, and the loss and the resumption of sovereignty by China. The author offers a conceptualization of the Basic Law and locates it within China's constitutional, political and legal systems. The book explores the balance as well as the tensions between the autonomy of Hong Kong and the sovereignty of China, which are aggravated by the necessity to accommodate contrasting economic and political systems. It also identifies key legal and political problems that are likely to arise in implementing the Basic Law and suggests an approach to its interpretation. The Basic Law provides a fascinating example of the interaction of widely different traditions of law, politics and economy, and a novel system of autonomy. Its study is therefore of great interest to scholars of comparative law and politics. This new edition covers significant political, constitutional and legal developments since the transfer of sovereignty in July 1997.
Category: Law

The Renaissance Of Confucianism In Contemporary China

Author : Ruiping Fan
ISBN : 9400715420
Genre : Philosophy
File Size : 50.3 MB
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A new generation of Confucian scholars is coming of age. China is reawakening to the power and importance of its own culture. This volume provides a unique view of the emerging Confucian vision for China and the world in the 21st century. Unlike the Neo-Confucians sojourning in North America who recast Confucianism in terms of modern Western values, this new generation of Chinese scholars takes the authentic roots of Confucian thought seriously. This collection of essays offers the first critical exploration in English of the emerging Confucian, non-liberal, non-social-democratic, moral and political vision for China’s future. Inspired by the life and scholarship of Jiang Qing who has emerged as China's exemplar contemporary Confucian, this volume allows the English reader access to a moral and cultural vision that seeks to direct China’s political power, social governance, and moral life. For those working in Chinese studies, this collection provides the first access in English to major debates in China concerning a Confucian reconceptualization of governance, a critical Confucian assessment of feminism, Confucianism functioning again as a religion, and the possibility of a moral vision that can fill the cultural vacuum created by the collapse of Marxism.
Category: Philosophy

Chinese Law

Author : Jianfu Chen
ISBN : 9041111867
Genre : Political Science
File Size : 34.67 MB
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Law, in particular its actual functioning in any given society, is above all a part of the culture of that society - a part of its historical, political, social and intellectual creation. If a black-letter' approach towards law in the West is under increasing criticism, it is particularly unhelpful, if not misleading, in understanding Chinese law, its nature and developments. Rather, to understand Chinese law, its nature and developments, we need to examine the Chinese legal traditions, the prevailing political and economic situations, Party policies on economic reform and tolerance towards political liberalisation, and scholarly discussions and debate. This is the approach of this book. Its aim is to put Chinese law in context', to outline the nature and present status of its development, and to analyse the meaning of the law within the Chinese context. However, this monograph does not ignore the practical needs for determining the precise contents of the black- letter' law either. A study of this kind necessarily involves a process of topic selection. However, to avoid over-generalisation and over-simplification, it also demands a considerable degree of comprehensiveness in coverage. For this reason, the book covers what the Chinese scholars term fundamental law' and basic branches' of law, while other topics are covered because they are either crucial for the understanding of the law (such as legal traditions in China) or of practical importance (such as foreign investment and trade). Chapter One provides an historical background to traditional Chinese legal culture' and modern law reforms. The historical background of specific topics is examined as the topics are analysed inthe following chapters. Chapter Two deals with the changing fate of law under Communist rule. Its focus is on the underlying factors and justifications for such changes. Chapter Three introduces discussions on specific branches of law, from public law (constitutional law, law-making, administrative law, criminal law, criminal procedure law) to private' law (civil law, family law, contracts, law on business entities, and law on foreign investment and trade). Each of these is dealt with in a separate chapter. After the analysis of these substantial topics, certain conclusions are drawn, which attempt to define the nature of Chinese law and its developments in present-day China.
Category: Political Science