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"Rule of law China."
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Legal orientalism : China, the United States, and modern law
After the Cold War, how did China become a global symbol of disregard for human rights, while the U.S. positioned itself as the chief exporter of the rule of law? Teemu Ruskola investigates globally circulating narratives about what law is and who has it, and shows how \"legal Orientalism\" developed into a distinctly American ideology of empire.
eBook
The Limits of the Rule of Law in China
InThe Limits of the Rule of Law in China,fourteen authors from different academic disciplines reflect on questions that have troubled Chinese and Western scholars of jurisprudence since classical times. Using data from the early 19th century through the contemporary period, they analyze how tension between formal laws and discretionary judgment is discussed and manifested in the Chinese context.
The contributions cover a wide range of topics, from interpreting the rationale for and legacy of Qing practices of collective punishment, confession at trial, and bureaucratic supervision to assessing the political and cultural forces that continue to limit the authority of formal legal institutions in the People's Republic of China.
eBook
In the Name of Justice: Striving for the Rule of Law in China
Of all the issues sparked by China's ongoing economic and sociopolitical transformation, the development of the Chinese legal system is arguably the most consequential. Even as public demand for the rule of law grows, the Chinese Communist Party still interferes in legal affairs and continues its harsh treatment of human rights lawyers and activists. Both the frequent manifestations of social unrest in recent years and the growing tension between China's various interest groups underscore the urgency of developing a sound and sustainable legal system.
One encouraging trend is the rapid expansion of the Chinese legal profession. Lawyers and legal scholars are no longer considered state officials, as they were in China's recent past. Now they boast an unprecedented degree of political autonomy and a steadily increasing level of professionalism.
In the Name of Justicepresents a critical assessment of the state of Chinese legal reform by He Weifang, the country's leading liberal law scholar. Professor He has been at the forefront of the country's bumpy path toward justice and judicial independence for more than a decade. 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 centurylong movement for a constitutional China. In addition to a selection of the author's academic writings, the volume also includes many of Professor He's public speeches, media interviews, and open letters, which provide more insight into his dual roles as thinker and practitioner in the Chinese legal world.
He Weifang also offers a historical review of the evolution of Chinese traditional legal thought, enhanced by cross-country comparisons. Among the volume's many topics are judicial independence, judicial review, legal education, capital punishment, and the legal protection of free speech and human rights. A proponent of reform rather than revolution, Professor He believes that the growing institutionalization of factional checks and balances within the Party leadership may represent important steps toward democracy. In his view, only true constitutionalism can guarantee social justice and enduring stability for China.
eBook
Model innovation construction of social work participation in grassroots community governance based on fuzzy comprehensive evaluation model
Grass-roots community governance is a large volume in China, the “last mile” for implementing national policies, and has a special status in promoting the construction of China under the rule of law. Guided by the theory of the rule of law government, governance and good governance theory, competence-based theory and system theory, this paper constructs a model of grassroots community multi-governance. And by using the theoretical knowledge of the fuzzy comprehensive evaluation model and the Delphi method, we analyzed the factors influencing the rule of law competence of grassroots cadres and focused on constructing an index system of the grassroots cadres’ rule of law competence and establishing a multi-level evaluation model. The results show that: through the empirical analysis of the grassroots community multi-level shared governance model, the KMO values are 0.728 and 0.851, respectively, which are greater than 0.7 and pass the KMO test. The approximate chi-square values are 415.127 and 1254.23, respectively, and the significance level sig is 0.000, which passes Bart’s spherical test and has good sexual validity. The grassroots community pluralistic shared governance model proposed in this paper improves the comprehensive service capacity of urban and rural communities in China, complements the governance shortcomings at different levels, and takes multiple measures to improve the governance level of urban and rural communities China.
Journal Article
Tying the autocrat's hands : the rise of the rule of law in China
\"Under what conditions would authoritarian rulers be interested in the rule of law? What type of rule of law exists in authoritarian regimes? How do authoritarian rulers promote the rule of law without threatening their grip on power? Tying the Autocrat's Hands answers these questions by examining legal reforms in China. Yuhua Wang develops a demand-side theory arguing that authoritarian rulers will respect the rule of law when they need the cooperation of organized interest groups that control valuable and mobile assets but are not politically connected. He also defines the rule of law that exists in authoritarian regimes as a partial form of the rule of law, in which judicial fairness is respected in the commercial realm but not in the political realm. Tying the Autocrat's Hands demonstrates that the rule of law is better enforced in regions with a large number of foreign investors but less so in regions heavily invested in by Chinese investors\"-- Provided by publisher.
Book
Debating Political Reform in China
Brings the ongoing debate to life and explores the options for political reform. Offering the perspectives of both Western and Chinese scholars, this book presents the controversial argument for building a consultive rule of law regime as an alternative to liberal democracy, providing several critiques of this thesis.
eBook