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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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The Citizen and the Chinese State

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ISBN13: 9780754628637
Published: January 2012
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £195.00

Despatched in 5 to 7 days.

This volume addresses several core questions regarding the nature of law in China and its future development. In particular, these articles shed light on whether the rule of law ideal is commensurable with government based on the Chinese Communist Party. Beginning virtually from scratch, China has established a comprehensive legal system that boasts a constitution, primary and secondary legislation and plentiful regulations covering most areas of public and private life. Yet, as these articles discuss, its courts are enmeshed in Party and state hierarchies and are not empowered to directly apply constitutional principles or rights, ensuring that the law is subordinate to national public policy goals. Legal and extra legal methods for punishing wrongdoing and resolving disputes also raise questions of due process of law. Ultimately, the question is therefore whether China's legal system, if eschewing formalised human rights, is developing a capacity to protect fundamental human dignity.

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Other Jurisdictions , China
Were Chinese rulers above the law? Toward a theory of the rule of law in China from early times to 1949 CE, Fang Qiang and Roger Des Forges
Constitutionalism with Chinese characteristics? Constitutional development and civil litigation in China, Thomas Kellogg
The politic of constitutional reform in China: rule of law as condition or as substitute for democracy?, Richard Balm and Yang Lihua
China's legislation law and the making of a more orderly and representative legislative system, Laura Paler
Political parties in China's judiciary, Zhu Suli
China's courts: restricted reform, Benjamin Liebman
Who will find the defendant if he stays with his sheep? Justice in rural China, Frank Upham
The production of legal norms: a case study of administrative detention in China, Sarah Biddulph
Using law for a righteous purpose: the Sun Zhigang incident and evolving forma of citizen action in the People's Republic of China, Keith Hand
Shanggui and extralegal detention in China, Flora Sapio
Weiquan (rights protection) lawyering in an authoritarian state: toward critical lawyering, Fu Hualing and Richard Cullen
Riots and cover-ups: counterproductive control of local agents in China, Carl Minzer
Justice from above or justice from below? Popular strategies for resolving grievances in rural China, Ethan Michelson
Public opinion supervision: a case study of media freedom in China, Anne Cheung
Name index.