the development of the chinese legal system change and challenges

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The Development Of The Chinese Legal System

Author : Guanghua Yu
ISBN : 9781136872761
Genre : Law
File Size : 50. 45 MB
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In recent years the Chinese legal system has undergone many reforms and this book brings the literature up to date, offering a contemporary account of the law and administration in China. This book is the result of collective efforts in analysing the political, economic and social factors which affect the development of Chinese law. The volume contains contributions from a number of experts and scholars of Chinese law who examine some of the most important areas of Chinese law. The book covers constitutional law, criminal law, property law, mortgage law, intellectual property law, corporate law, securities regulation, banking regulation, civil procedural law, arbitration law, environmental law, and the regulation of telecommunications services. Whilst the book addresses a number of diverse legal areas all the contributions look to explain the factors which led to the development of the law and the consequences of such developments, as well as the progress made by developing legal institutions and the possible obstacles to future development.

The Judicial System And Reform In Post Mao China

Author : Yuwen Li
ISBN : 9781317026563
Genre : Law
File Size : 31. 37 MB
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This comprehensive study examines the development and changing characteristics of the judicial system and reform process over the past three decades in China. As the role of courts in society has increased so too has the amount of public complaints about the judiciary. At the same time, political control over the judiciary has retained its tight-grip. The shortcomings of the contemporary system, such as institutional deficiencies, shocking cases of injustice and cases of serious judicial corruption, are deemed quite appalling by an international audience. Using a combination of traditional modes of legal analysis, case studies, and empirical research, this study reflects upon the complex progress that China has made, and continues to make, towards the modernisation of its judicial system. Li offers a better understanding on how the judicial system has transformed and what challenges lay ahead for further enhancement. This book is unique in providing both the breadth of coverage and yet the substantive details of the most fundamental as well as controversial subjects concerning the operation of the courts in China.

Modern Chinese Legal Reform

Author : Xiaobing Li
ISBN : 9780813141206
Genre : History
File Size : 51. 47 MB
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China's rapid socioeconomic transformation of the past twenty years has led to dramatic changes in its judicial system and legal practices. As China becomes more powerful on the world stage, the global community has dedicated more resources and attention to understanding the country's evolving democratization, and policymakers have identified the development of civil liberties and long-term legal reforms as crucial for the nation's acceptance as a global partner. Modern Chinese Legal Reform is designed as a legal and political research tool to help English-speaking scholars interpret the many recent changes to China's legal system. Investigating subjects such as constitutional history, the intersection of politics and law, democratization, civil legal practices, and judicial mechanisms, the essays in this volume situate current constitutional debates in the context of both the country's ideology and traditions and the wider global community. Editors Xiaobing Li and Qiang Fang bring together scholars from multiple disciplines to provide a comprehensive and balanced look at a difficult subject. Featuring newly available official sources and interviews with Chinese administrators, judges, law-enforcement officers, and legal experts, this essential resource enables readers to view key events through the eyes of individuals who are intimately acquainted with the challenges and successes of the past twenty years.

China S Environmental Challenges

Author : Judith Shapiro
ISBN : 9780745698670
Genre : Political Science
File Size : 77. 47 MB
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Chinaï¿1⁄2s huge environmental challenges are significant for us all. They affect not only the health and well-being of China but the very future of the planet. In the second edition of this acclaimed, trailblazing book, noted China specialist and environmentalist Judith Shapiro investigates Chinaï¿1⁄2s struggle to achieve sustainable development against a backdrop of acute rural poverty and soaring middle class consumption. Using five core analytical concepts to explore the complexities of this struggle - the implications of globalization, the challenges of governance; contested national identity, the evolution of civil society, and problems of environmental justice and displacement of environmental harm - Shapiro poses a number of pressing questions: Can the Chinese people equitably achieve the higher living standards enjoyed in the developed world? Are China's environmental problems so severe that they may shake the government's stability, legitimacy and control? To what extent are Chinaï¿1⁄2s environmental problems due to world-wide patterns of consumption? Does China's rise bode ill for the displacement of environmental harm to other parts of the world? And in a world of increasing limits on resources, how can we build a system in which people enjoy equal access to resources without taking them from successive generations, from the vulnerable, or from other species? China and the planet are at a pivotal moment; transformation to a more sustainable development model is still possible. But - as Shapiro persuasively argues - doing so will require humility, creativity, and a rejection of business as usual. The window of opportunity will not be open much longer.

Environmental Litigation In China

Author : Rachel E. Stern
ISBN : 9781107020023
Genre : Law
File Size : 86. 96 MB
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An account of everyday justice and the factors that shape it in the battle to seek legal relief for environmental pollution in China.

China S Social Policy

Author : Kinglun Ngok
ISBN : 9781317937005
Genre : Social Science
File Size : 22. 20 MB
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This book critically and comprehensively examines China’s welfare development amidst its rapid economic growth and increasing social tensions. It covers the main policy areas from China’s inception of the open door policy in 1978 to the new administration of Jinping Xi and Keqiang Li, including social security, health, education, housing, employment, rural areas, migrant workers, children and young people, disabled people, old age pensions and non-governmental organisations. In particular, it critically analyses the impact of policy changes on the well-being of Chinese people

Law And The Market Economy In China

Author : Perry Keller
ISBN : 9781351560689
Genre : Law
File Size : 60. 14 MB
Format : PDF
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This volume concerns several aspects of China's changing market based economy. These include commercial contract enforcement, corporate structures, competition law and other issues related to China's membership in the WTO. In the past two decades, the rapid integration of China's economy into the global marketplace has created obligations and expectations of non-discrimination and regulatory transparency in domestic markets. The Chinese government has responded by demanding better governance within major companies, market sectors and public administration generally. However, as the articles in this volume show, it has struggled to find a corporate structure capable of absorbing external equity investment and participation but still amenable to direct and indirect state guidance. It has also moved cautiously in creating legal controls over unfair competition. Moreover, the protection of state owned enterprises, which serve as vehicles for domestic economic, social and political policy, has been a recurring issue in China's WTO trade disputes.

Politics Of China S Environmental Protection

Author : Gang Chen
ISBN : 9789812838704
Genre : Economic development
File Size : 56. 50 MB
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As the dazzling economic and social changes in China have imposed substantial impact upon the quality of environmental governance, it is time to review the problems and progress in the politics of China''s environmental protection. This book analyzes the factors in China''s governance and political process that affect and restrain its capacity to handle the mounting environmental problems. It argues that solutions to China''s ecological woes to a larger extent lie in the political and institutional changes rather than in engineering, technological and investment input. The book talks about new policies and reform measures in the green area taken by the government since 2007, arguing that some of them may be quite effective in the long run, as long as they alter institutional factors and the OC growth-firstOCO mindset that obstruct the green effort. The book also includes discussion of China''s climate change policy not only because global warming has come under the limelight of the international community in recent years, but also because it offers a unique dimension to analyze the country''s environmental diplomacy and domestic bureaucratic structure on emissions cutting and related energy issues. China is currently at the crossroads of further political and economic reform, and the intensified public attention to environmental pollution may help the Chinese Communist Party to decisively push forward the long-sluggish political reforms.

Asian Socialism Legal Change

Author : John Gillespie
ISBN : 9781920942274
Genre : Social Science
File Size : 20. 82 MB
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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.

China S Long March Toward Rule Of Law

Author : Randall Peerenboom
ISBN : 0521016746
Genre : Law
File Size : 30. 63 MB
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Argues that China is in transition from rule by law to a version of rule of law.

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