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China's Legal Soul

Author : John Warren Head

Publisher :

Page : 268 pages

File Size : 49,61 MB

Release : 2009

Category : Law

ISBN :

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Book Description

This new look at Chinese law and society reflects the "triple anniversary" that 2009 will mark for Chinese law reform. In 1979, the People's Republic of China embarked on a dramatic new phase of legal transformation; thirty years before that, in 1949, Mao announced the creation of the PRC itself, another moment of legal reorientation; and thirty years before that, in 1919, the May Fourth Movement also had legal reform at its core, as thousands of protesters in Beijing erupted at the refusal Western powers to acknowledge that China's legal system was no longer inadequate and uncivilized. This claim--that China's legal system is inadequate and uncivilized in--remains in play today, particularly in respect of how China approaches the rule of law and human rights. Professor Head's new book (following his earlier work, Law Codes in Dynastic China) examines these issues by focusing on modern China's "legal soul"--by which he means the set of fundamental and animating legal principles or values that give a society its unique spirit and character. His lively and insightful comparison of contemporary Chinese law with dynastic Chinese law--readily accessible by (and written for) non-specialists--addresses these central questions: (1) what sort of a "rule of law" does today's Chinese legal system hope to achieve against its ages-old Legalist-Confucianist background; and (2) is there any modern correlative to the Imperial Confucianism that gave dynastic China its "legal soul," or is today's China "soul-less," as some would claim? In addressing these questions, Head insists on looking beyond easy assumptions and assertions found in much Western legal literature about China and its law; instead, he relies heavily on leading contemporary legal scholars at Chinese universities and their views on politics, constitutionalism, and rule of law in China. "Readers will be impressed by the wide variety of sources cited in China's Legal Soul's footnotes and by the book's detailed tables. ...[I]t is appropriate for nonlawyers with an interest in legal philosophy or Chinese history and is recommended for university and law school libraries." -- Law Library Journal



China Wakes

Author : Nicholas D. Kristof

Publisher : Vintage

Page : 529 pages

File Size : 37,99 MB

Release : 2011-10-12

Category : History

ISBN : 0307764230

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Book Description

The definitive book on China's uneasy transformation into an economic and political superpower, and an insightful and thought-provoking analysis of daily life in China from the Pulitzer Prize–winning journalists and bestselling authors of Half a Sky. "Nick Kristof's and Sheryl WuDunn's work as correspondents in China was beyond compare, and now they have written a book every bit as astonishing. China Wakes is filled with anecdote, detail, and analysis of the highest order.... This book demands reading, and yet it is a pleasure as well as an education." —David Remnick, Editor of The New Yorker Featuring 16 pages of photos



Out of Mao's Shadow

Author : Philip P. Pan

Publisher : Simon and Schuster

Page : 371 pages

File Size : 48,45 MB

Release : 2008

Category : History

ISBN : 1416537058

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Book Description

An inside analysis of modern cultural and political upheavals in China by a fluent Beijing correspondent describes the power struggles currently taking place between the party elite and supporters of democracy, the outcome of which the author predicts will significantly affect China's rise to a world super-power. 125,000 first printing.



Chinese Legal Culture and Constitutional Order

Author : Shiping Hua

Publisher : Routledge

Page : 174 pages

File Size : 23,72 MB

Release : 2019-03-27

Category : Law

ISBN : 0429515537

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Book Description

This book examines China’s striving for a constitutional order in the 20th century from comparative, historical, and theoretical perspectives. Through a comprehensive study of six major constitutional reforms experienced by China in the last century, Shiping Hua explores pragmatism, instrumentalism, statism, and favoritism as the key features of the Chinese legal culture. Demonstrating that these characteristics have roots in China’s ancient past and coincide with modern communist legal theory, it argues that Chinese legal culture has greatly impacted upon the country’s move to modernize its legal system. By analyzing key constitutional periods in China’s history, this book also evaluates patterns that can be used to better comprehend not only China’s present legal reform but its future legal developments too. As the first book to examine how the Chinese legal culture has affected constitutional reform in the 20th century, Chinese Legal Culture and Constitutional Order will be useful to students and scholars of Asian and constitutional law, as well as Chinese Studies more generally. Winner of the 2019 ACPSS (Association of Chinese Professors of Social Sciences in the United States) Best Scholarly Publication Award for Original Research.



Inside China's Legal System

Author : Chang Wang

Publisher : Chandos Publishing

Page : 391 pages

File Size : 17,90 MB

Release : 2013-10-31

Category : Law

ISBN : 0857094610

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Book Description

China's legal system is vast and complex, and robust scholarship on the subject is difficult to obtain. Inside China's Legal System provides readers with a comprehensive look at the system including how it works in practice, theoretical and historical underpinnings, and how it might evolve. The first section of the book explains the Communist Party's utilitarian approach to law: rule by law. The second section discusses Confucian and Legalist views on morality, law and punishment, and the influence such traditional Chinese thinking has on contemporary Chinese law. The third section focuses on the roles of key players (including judges, prosecutors, lawyers, and legal academics) in the Chinese legal system. The fourth section offers Chinese legal case studies in civil, criminal, administrative, and international law. The book concludes with a comparison of China's fundamental governing and legal principles with those of the United States, in such areas as checks and balances, separation of powers, and due process. - Uses extensive legal materials and historical documents generally unavailable to Western based academics - Gives insider knowledge, including first-hand experience teaching law, and close involvement with judges, attorneys, and law professors in China - Analyses legal issues from historical and cultural perspectives holistically



The Souls of China

Author : Ian Johnson

Publisher : Pantheon

Page : 480 pages

File Size : 22,41 MB

Release : 2017

Category : History

ISBN : 1101870052

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Book Description

From the Pulitzer Prize winning journalist: a revelatory portrait of religion in China today, its history, the spiritual traditions of its Eastern and Western faiths, and the ways in which it is influencing China's future. Following a century of violent antireligious campaigns, China is now awash with new temples, churches, and mosques as well as cults, sects, and politicians trying to harness religion for their own ends. Driving this explosion of faith is uncertainty over what it means to be Chinese, and how to live an ethical life in a country that discarded traditional morality a century ago and is still searching for new guideposts. Ian Johnson lived for extended periods with underground church members, rural Daoists, and Buddhist pilgrims. He has distilled these experiences into a cycle of festivals, births, deaths, detentions, and struggle a great awakening of faith that is shaping the soul of the world s newest superpower. (With black-and-white illustrations throughout).



The Battle for China's Spirit

Author : Sarah Cook

Publisher : Rowman & Littlefield

Page : 140 pages

File Size : 41,15 MB

Release : 2017-05-16

Category : Political Science

ISBN : 1538106116

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Book Description

The Battle for China’s Spirit is the first comprehensive analysis of its kind, focusing on seven major religious groups in China that together account for over 350 million believers: Chinese Buddhism, Taoism, Catholicism, Protestantism, Islam, Tibetan Buddhism, and Falun Gong. The study examines the evolution of the Communist Party’s policies of religious control, how they are applied differently to diverse faith communities, and how citizens are responding to these policies. The study—which draws on hundreds of official documents and interviews with religious leaders, lay believers, and scholars—finds that Chinese government controls over religion have intensified since November 2012, seeping into new areas of daily life. Yet millions of religious believers defy official restrictions or engage in some form of direct protest, at times scoring significant victories. The report explores how these dynamics affect China’s overall social, political, and economic environment, while offering recommendations to both the Chinese government and international actors for how to increase the space for peaceful religious practice in a country where spirituality has been deeply embedded in its culture for millennia.



A Confucian Constitutional Order

Author : Jiang Qing

Publisher : Princeton University Press

Page : 267 pages

File Size : 26,49 MB

Release : 2016-11-08

Category : Philosophy

ISBN : 0691173575

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Book Description

English translation of materials from a workshop on Confucian constitutionalism in May 2010 at the City University of Hong Kong.



The Long Game

Author : Rush Doshi

Publisher : Oxford University Press

Page : 433 pages

File Size : 45,54 MB

Release : 2021-06-11

Category : Political Science

ISBN : 0197527876

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Book Description

For more than a century, no US adversary or coalition of adversaries - not Nazi Germany, Imperial Japan, or the Soviet Union - has ever reached sixty percent of US GDP. China is the sole exception, and it is fast emerging into a global superpower that could rival, if not eclipse, the United States. What does China want, does it have a grand strategy to achieve it, and what should the United States do about it? In The Long Game, Rush Doshi draws from a rich base of Chinese primary sources, including decades worth of party documents, leaked materials, memoirs by party leaders, and a careful analysis of China's conduct to provide a history of China's grand strategy since the end of the Cold War. Taking readers behind the Party's closed doors, he uncovers Beijing's long, methodical game to displace America from its hegemonic position in both the East Asia regional and global orders through three sequential "strategies of displacement." Beginning in the 1980s, China focused for two decades on "hiding capabilities and biding time." After the 2008 Global Financial Crisis, it became more assertive regionally, following a policy of "actively accomplishing something." Finally, in the aftermath populist elections of 2016, China shifted to an even more aggressive strategy for undermining US hegemony, adopting the phrase "great changes unseen in century." After charting how China's long game has evolved, Doshi offers a comprehensive yet asymmetric plan for an effective US response. Ironically, his proposed approach takes a page from Beijing's own strategic playbook to undermine China's ambitions and strengthen American order without competing dollar-for-dollar, ship-for-ship, or loan-for-loan.



Victim-Offender Reconciliation in the People's Republic of China and Taiwan

Author : Riccardo Berti

Publisher : Springer

Page : 151 pages

File Size : 45,54 MB

Release : 2016-04-29

Category : Social Science

ISBN : 1137527544

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Book Description

This book examines the conciliatory institutions that operate within criminal law in the People's Republic of China and Taiwan. Despite having the same legal traditions, the two countries have taken very different political and social roads over the past century. Taking these important factors into account, the book compares the conciliatory mechanisms that have emerged in the two countries, particularly focusing on the influence of Confucian tradition in current criminal reconciliation practices. By drawing upon in-depth interviews with multiple experts in the area, the role of tradition in the discipline of modern Xingshi Hejie is explored, alongside an analysis of the reasons that lead victims and offenders to choose this conciliatory procedure. The book offers a fascinating account of this feature of criminal justice in China and Taiwan, and will be of particular interest to scholars interested in comparative approaches to criminology and criminal justice.