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The Roles of Law and Politics in China's Development

The Roles of Law and Politics in China's Development
Author: Guanghua Yu
Publisher: Springer Science & Business
Total Pages: 220
Release: 2014-04-26
Genre: Political Science
ISBN: 9812870024

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This book examines China’s economic development from the end of 1970s, integrating perspectives from law, economics and political science. Particular attention is given to the role of formal law and political changes in China’s development, presenting the argument that formal law has made a useful contribution to China’s economic development. Chapters explore the relationship between democracy and mechanisms of property rights protection, financial market, rule of law, and human capital accumulation. The author goes on to examine the persistence of authoritarianism, democracy and economic development and the concept of deliberative democracy. This book concludes with a look at future options for China, from political, economic and rule of law perspectives. The book considers China’s current political regime and analyzes the likely political and constitutional law reforms that are not only conducive to China’s economic development but also beneficial to the enhancement of freedom. Some knowledge of the Chinese legal system, economy, and political institutions is assumed, making this book valuable to those requiring a deeper understanding of the subject. The book will appeal to legal scholars and lawyers requiring an understanding of the impact of the Chinese legal system on China’s economic and political development and to scholars and students in political science and economics with an interest in China’s institutional change. Policy makers and administrators with an interest in policy and law making in China will also find this book valuable.


Law and Political Economy in China

Law and Political Economy in China
Author: Tamar Groswald Ozery
Publisher: Cambridge University Press
Total Pages: 279
Release: 2023-06-30
Genre: Law
ISBN: 100918251X

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Applying a novel theoretical approach, Tamar Groswald Ozery combines law and political economy to deconstruct the role of law in China's market development since 1978. The book examines how economic and administrative powers within China's Party-state system have been legally and politically configured throughout China's growth process. Using a vast range of primary sources, Ozery illuminates how the law acts as a mediating institution that translates and gives shape to the relations between politics and economics. Using the evolution of public firms and corporate governance as a case study, Ozery illustrates the complex relationships between law, politics, and economic development, and sheds new light on the possible varieties of growth-supporting governance institutions in firms. By studying China's distinct market experience through the lens of law and political economy, Ozery offers a significant contribution to development studies, comparative corporate governance, and interdisciplinary discussions about China as a growth model.


China's Long March Toward Rule of Law

China's Long March Toward Rule of Law
Author: Randall Peerenboom
Publisher: Cambridge University Press
Total Pages: 700
Release: 2002-09-26
Genre: History
ISBN: 9780521016742

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China has enjoyed considerable economic growth in recent years in spite of an immature, albeit rapidly developing, legal system, a system whose nature, evolution and path of development have been poorly understood by scholars. Drawing on his legal and business experience in China as well as his academic background in the field, Peerenboom provides a detailed analysis of China's legal reforms. He argues that China is in transition from rule by law to a version of rule of law, though most likely not a liberal democratic version as found in economically advanced countries in the West. Maintaining that law plays a key role in China's economic growth, Peerenboom assesses reform proposals and makes his own recommendations. In addition to students and scholars of Chinese law, political science, sociology and economics, this will interest business professionals, policy advisors, and governmental and non-governmental agencies as well as comparative legal scholars and philosophers.


Law and Political Economy in China

Law and Political Economy in China
Author: Tamar Groswald Ozery
Publisher:
Total Pages: 0
Release: 2023
Genre: Commercial law
ISBN: 9781009158251

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"Tamar Groswald Ozery combines law and political economy to deconstruct the role of law in China's market development since 1978. The book examines how economic and administrative powers within China's Party-state system have been legally and politically configured throughout China's growth process. Using the evolution of public firms and corporate governance as a case study, the book illustrates the complex relationships between law, politics, and economic development, and sheds light on the possible varieties of growth supporting governance institutions in firms"--Publisher's description.


The Role of Law in China's Economic Development, 1978-2011

The Role of Law in China's Economic Development, 1978-2011
Author: Jia Hu
Publisher: Springer
Total Pages: 0
Release: 2024-07-11
Genre: Law
ISBN: 9789819999101

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This book concerns how China's legal institutions promoted its economic growth and demonstrates that the law has played different roles at various stages of China's economic transformation, a signal of legal paradigm shifts in reaction to the changing political and economic pursuits. By decomposing the role of law in the process, the author argues that while the Chinese economy was transforming from a planned economy to a market-oriented one, the law also made its adjustment as a response—the Chinese legal system was evolving from the one consisting of primarily substantive laws to the one filled with high-level formal laws by the end of the last century. The above observation of legal formalization is further consolidated by introducing the particularities of China's legal education in those years—a topic rarely dealt with yet of significance to comprehensively understand the Chinese legal system in practice. Overall, the present book argues against the modernization theory and determinism that would anticipate a similar developmental path globally and shows that the relationship between law and economic development is contingent. Therefrom, this study weighs in the law and development debate and breaks a perception of static law in the economy by rejecting the conventional perception of established legal institutions as a precondition of modernity. Hence, this book could appeal to legal scholars and sociologists interested in reevaluating western theories of free economy and its relationships to the law. In addition, scholars interested in research methodology would find the perspective of paradigm shifts in interpreting China's transformations a helpful analytical framework in research. Moreover, policymakers and legislators concerned about the characteristics of law for economic results would also find the book useful.


The Limits of the Rule of Law in China

The Limits of the Rule of Law in China
Author: Karen G. Turner
Publisher: University of Washington Press
Total Pages: 384
Release: 2015-05-01
Genre: History
ISBN: 0295803894

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In The 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.


Building the Rule of Law in China

Building the Rule of Law in China
Author: Lin Li
Publisher: Elsevier
Total Pages: 353
Release: 2017-03-21
Genre: Law
ISBN: 008102231X

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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


Criminal Justice in Post-Mao China

Criminal Justice in Post-Mao China
Author: Shao-chuan Leng
Publisher: SUNY Press
Total Pages: 360
Release: 1985-06-30
Genre: Law
ISBN:

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The post-Mao commitment to modernization, coupled with a general revulsion against the lawlessness of the Cultural Revolution, has led to a significant law reform movement in the People’s Republic of China. China’s current leadership seeks to restore order and morale, to attract domestic support and external assistance for its modernization program, and to provide a secure, orderly environment for economic development. It has taken a number of steps to strengthen its laws and judicial system, among which are the PRC’s first substantive and procedural criminal codes. This is the first book-length study of the most important area of Chinese law—the development, organization, and functioning of the criminal justice system in China today. It examines both the formal aspects of the criminal justice system—such as the court, the procuracy, lawyers, and criminal procedure—and the extrajudicial organs and sanctions that play important roles in the Chinese system. Based on published Chinese materials and personal interviews, the book is essential reading for persons interested in human rights and laws in China, as well as for those concerned with China’s political system and economic development. The inclusion of selected documents and an extensive bibliography further enhance the value of the book.


Human Rights in China

Human Rights in China
Author: Eva Pils
Publisher: John Wiley & Sons
Total Pages: 256
Release: 2017-11-10
Genre: Political Science
ISBN: 1509500731

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How can we make sense of human rights in China's authoritarian Party-State system? Eva Pils offers a nuanced account of this contentious area, examining human rights as a set of social practices. Drawing on a wide range of resources including years of interaction with Chinese human rights defenders, Pils discusses what gives rise to systematic human rights violations, what institutional avenues of protection are available, and how social practices of human rights defence have evolved. Three central areas are addressed: liberty and integrity of the person; freedom of thought and expression; and inequality and socio-economic rights. Pils argues that the Party-State system is inherently opposed to human rights principles in all these areas, and that – contributing to a global trend – it is becoming more repressive. Yet, despite authoritarianism's lengthening shadows, China’s human rights movement has so far proved resourceful and resilient. The trajectories discussed here will continue to shape the struggle for human rights in China and beyond its borders.