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The Politics of Lawmaking in China: Institutions, Processes and Democratic Prospects

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Murray Scot TannerAssociate Professor of Political Science, Western Michigan University, USA

ISBN13: 9780198293392
ISBN: 0198293399
Published: July 2000
Publisher: Oxford University Press
Format: Hardback
Price: £112.50



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China's struggle to develop it's legal system is helping to drive an ""inadvertant transition"" towards democratization in the future. Since Mao Zedong's death, the China Communist Party's (CCP) leaders have increasingly shifted to drafting most of their key policies as laws rather than Party edicts.;The result has been a quiet but dramatic change in Chinese politics, recasting the relationship between the key lawmaking institutions: the Communist Party bureaucracy, the Cabinet (State Council), and China's legislature the National People's Congress (NPC). No longer a rubber stamp, NPC leaders and deputies, though still overwhelmingly members of the Communist Party, have become far more assertive and less disciplined in their dealings with other top Party and government leaders. Deputies now commonly stall, amend, block, and increasingly vote ""no"" on proposals approved by the Party Politburo and the Cabinet. China's NPC, like successful legislatures elsewhere, has also used its growing bureaucracy and subcommittees as institutional weapons to expand its influence over policy.;This text examines all of the changing political institutions involved in lawmaking, and shows how their evolution is reshaping Chinese politics. Drawing on internal documentation and interviews, it includes new information about how the CCP leadership attempts to guide the increasingly important process of lawmaking, and how this power has eroded greatly since 1978. Through detailed case studies, the book demonstrates how and why the top leadership is often forced to settle for far less than it wants in hammering out laws.;Rather than encouraging the sort of anti-communist mass uprising from below that occurred in Eastern Europe in 1989, this book argues that China's changes in lawmaking are contributing to a more quiet transition from within the Communist system.;This book is intended for political scientists, academic lawyers, China specialists. Mainly researchers and specialists, but some crossover into postgraduate courses.

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Subjects:
Other Jurisdictions , China
Contents:
Part 1 Theoretical considerations: introduction - the new importance of lawmaking politics in China; bureaucracies, ""organized anarchies"", and inadvertant transitions - towards new models of Chinese lawmaking.
Part 2 Lawmaking institutions: the emergence of China's post-Mao lawmaking system; the erosion of Party control over lawmaking; the rise of the national people's congress system; the State Council's lawmaking system.
Part 3 Case studies in lawmaking: the case of the enterprise bankruptcy law; the case of the State-owned industrial enterprises law.
Part 4 Conclusions: stages and processes in Chinese lawmaking; lawmaking reforms and China's democratic prospects.