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Authoritarian Legality in China

Authoritarian Legality in China
Author: Mary E. Gallagher
Publisher: Cambridge University Press
Total Pages: 271
Release: 2017-09-07
Genre: Law
ISBN: 110708377X

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This book examines Chinese workers' experiences and shows how disenchantment with the legal system drives workers from the courtroom to the streets.


Authoritarian Legality in China

Authoritarian Legality in China
Author: Mary E. Gallagher
Publisher: Cambridge University Press
Total Pages: 271
Release: 2017-09-07
Genre: Political Science
ISBN: 1316033430

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Can authoritarian regimes use democratic institutions to strengthen and solidify their rule? The Chinese government has legislated some of the most protective workplace laws in the world and opened up the judicial system to adjudicate workplace conflict, emboldening China's workers to use these laws. This book examines these patterns of legal mobilization, showing which workers are likely to avail themselves of these new protections and find them effective. Gallagher finds that workers with high levels of education are far more likely to claim these new rights and be satisfied with the results. However, many others, left disappointed with the large gap between law on the books and law in reality, reject the courtroom for the streets. Using workers' narratives, surveys, and case studies of protests, Gallagher argues that China's half-hearted attempt at rule of law construction undermines the stability of authoritarian rule. New workplace rights fuel workers' rising expectations, but a dysfunctional legal system drives many workers to more extreme options, including strikes, demonstrations and violence.


Authoritarian Legality in Asia

Authoritarian Legality in Asia
Author: Weitseng Chen
Publisher: Cambridge University Press
Total Pages: 409
Release: 2020-07-16
Genre: Business & Economics
ISBN: 1108496687

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Provides an intra-Asia comparative perspective of authoritarian legality, with a focus on formation, development, transition and post-transition stages.


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.


The Contentious Public Sphere

The Contentious Public Sphere
Author: Ya-Wen Lei
Publisher: Princeton University Press
Total Pages: 303
Release: 2019-09-03
Genre: Political Science
ISBN: 0691196141

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Using interviews, newspaper articles, online texts, official documents, and national surveys, Lei shows that the development of the public sphere in China has provided an unprecedented forum for citizens to organize, influence the public agenda, and demand accountability from the government.


Law as an Instrument

Law as an Instrument
Author: Shucheng Wang
Publisher: Cambridge University Press
Total Pages: 241
Release: 2022-07-21
Genre: Law
ISBN: 1009182374

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How can the law be employed pragmatically to facilitate development and underpin illiberal principles? The case of contemporary China shows that the law plays an increasingly important role in the country's illiberal approach to both domestic and China-related global affairs, which has posed intellectual challenges in understanding it with reference to conventional, Western legal concepts and theories. This book provides a systematic exploration of the sources of Chinese law as pragmatically reconfigured in context, aiming to fill the gap between written and practised law. In combination with fieldwork investigations, it conceptualises various formal and informal laws, including the Constitution, congressional statutes, supreme court interpretations, judicial documents, guiding cases and judicial precedents. Moreover, it engages a theoretical analysis of legal instrumentalism, illuminating how and why the law works as an instrument for authoritarian legality in China, with international reflections on other comparable regimes.


End of an Era

End of an Era
Author: Carl Minzner
Publisher: Oxford University Press
Total Pages: 272
Release: 2018-02-01
Genre: Political Science
ISBN: 0190672102

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China's reform era is ending. Core factors that characterized it-political stability, ideological openness, and rapid economic growth-are unraveling. Since the 1990s, Beijing's leaders have firmly rejected any fundamental reform of their authoritarian one-party political system, and on the surface, their efforts have been a success. But as Carl Minzner shows, a closer look at China's reform era reveals a different truth. Over the past three decades, a frozen political system has fueled both the rise of entrenched interests within the Communist Party itself, and the systematic underdevelopment of institutions of governance among state and society at large. Economic cleavages have widened. Social unrest has worsened. Ideological polarization has deepened. Now, to address these looming problems, China's leaders are progressively cannibalizing institutional norms and practices that have formed the bedrock of the regime's stability in the reform era. End of an Era explains how China arrived at this dangerous turning point, and outlines the potential outcomes that could result.


The Beijing Consensus?

The Beijing Consensus?
Author: Weitseng Chen
Publisher: Cambridge University Press
Total Pages: 367
Release: 2017-04-27
Genre: Business & Economics
ISBN: 1107138434

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A collection of essays exploring whether a distinctive Chinese model for law and economic development exists.


Tying the Autocrat's Hands

Tying the Autocrat's Hands
Author: Yuhua Wang
Publisher: Cambridge University Press
Total Pages: 215
Release: 2015
Genre: Law
ISBN: 1107071747

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Tying the Autocrat's Hands provides a comprehensive, empirical evaluation of legal reforms in contemporary China. Based on the author's extensive fieldwork and analyses of original data, the book tells a story in which foreign investors with weak political connections push for judicial empowerment in China, while Chinese investors struggle to hold on to their privileges.


Decentralized Authoritarianism in China

Decentralized Authoritarianism in China
Author: Pierre F. Landry
Publisher: Cambridge University Press
Total Pages: 297
Release: 2008-10-16
Genre: Political Science
ISBN: 1139472631

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China, like many authoritarian regimes, struggles with the tension between the need to foster economic development by empowering local officials and the regime's imperative to control them politically. Landry explores how the Chinese Communist Party (CCP) manages local officials in order to meet these goals and perpetuate an unusually decentralized authoritarian regime. Using unique data collected at the municipal, county, and village level, Landry examines in detail how the promotion mechanisms for local cadres have allowed the CCP to reward officials for the development of their localities without weakening political control. His research shows that the CCP's personnel management system is a key factor in explaining China's enduring authoritarianism and proves convincingly that decentralization and authoritarianism can work hand in hand.