Power Versus Law in Modern China


Book Description

Through detailed study on uniquely acquired legal cases in contemporary China, this work seeks to demonstrate the ways in which China's legal system in the era of comprehensive reform and rapid economic growth and urbanization remains to be a tool of the Chinese Communist Party. As palpably shown in the four case studies, local party official in China used the law protect and advance their own personal interests at the expense of ordinary citizens, whose lack of power makes them unfortunate victims of a rigged legal system.




Rural Land Takings Law in Modern China


Book Description

One of the most pressing issues in contemporary China is the massive rural land takings that have taken place at a scale unprecedented in human history. Expropriation of land has dispossessed and displaced millions for several decades, despite the protection of property rights in the Chinese constitution. Combining meticulous doctrinal analysis with in-depth historical investigation, Chun Peng tracks the origin and evolution of China's rural land takings law over the twentieth century and demonstrates an enduring tradition of land takings for state-led social transformation, under which the takings law is designed to be power-confirming. With changed socio-political circumstances and a new rights-respecting constitutional agenda, a rebalance of the law is now underway, but only within existing parameters. Peng provides a piercing analysis of how land has been used by the largest developing country in the world to develop itself, at what costs and where the future might be.




Treaty Ports in Modern China


Book Description

This book presents a wide range of new research on the Chinese treaty ports – the key strategic places on China’s coast where in the late nineteenth and twentieth centuries various foreign powers controlled, through "unequal treaties", whole cities or parts of cities, outside the jurisdiction of the Chinese authorities. Topics covered include land and how it was acquired, the flow of people, good and information, specific individuals and families who typify life in the treaty ports, and technical advances, exploration, and innovation in government.




Power versus Law in Modern China


Book Description

Today 700 million Chinese citizens -- more than fifty-four percent of the population -- live in cities. The mass migration of rural populations to urban centers increased rapidly following economic reforms of the 1990s, and serious problems such as overcrowding, lack of health services, and substandard housing have arisen in these areas since. China's urban citizens have taken to the courts for redress and fought battles over failed urban renewal projects, denial of civil rights, corruption, and abuse of power.In Power versus Law in Modern China, Qiang Fang and Xiaobing Li examine four important legal cases that took place from 1995 to 2013 in the major cities of Wuhan, Xuzhou, Shanghai, and Chongqing. In these cases, citizens protested demolition of property, as well as corruption among city officials, developers, and landlords; but were repeatedly denied protection or compensation from the courts. Fang and Li explore how new interest groups comprised of entrepreneurs and Chinese graduates of Western universities have collaborated with the CCP-controlled local governments to create new power bases in cities. Drawing on newly available official sources, private collections, and interviews with Chinese administrators, judges, litigants, petitioners, and legal experts, this interdisciplinary analysis reveals the powerful and privileged will most likely continue to exploit the legal asymmetry that exists between the courts and citizens.




Law and Politics in Modern China


Book Description

This is an original interdisciplinary study of Chinese law, its language, and political institution. Evolving within a complex literary framework over thousands of years, Chinese language has lost its conceptual distinctiveness to its multilevel and overlapping meanings and connotations. Chinese law has become inflated with contrary rulings and exceptions. This mass of rules requires an extra-lingual (legal) authority to redefine boundaries and specify applications. This book follows and continues the author's, The Boundaries of Meaning and the Formation of Law (McGill University Press) by illustrating how language shapes the formation, application, and administration of law in various cultural environments. Law and Politics in Modern China is an important book for those interested in Chinese history, culture, law, and politics. It also provides refreshing insights about the way that law continues to function after its language matures and creates contradictions and loopholes within its system of rules--one of the most important issues facing Western legal administration in the immediate future.




The Limits of the Rule of Law in China


Book Description

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.




Sovereign Power and the Law in China


Book Description

This volume analyses under-researched institutions and practices in China's criminal justice system, arguing that derogations from the rule of law constitute an organic component of the legal order.




Treaty Ports in Modern China


Book Description

This book presents a wide range of new research on the Chinese treaty ports – the key strategic places on China’s coast where in the late nineteenth and twentieth centuries various foreign powers controlled, through "unequal treaties", whole cities or parts of cities, outside the jurisdiction of the Chinese authorities. Topics covered include land and how it was acquired, the flow of people, good and information, specific individuals and families who typify life in the treaty ports, and technical advances, exploration, and innovation in government.




Modern China: A Very Short Introduction


Book Description

China today is never out of the news: from human rights controversies and the continued legacy of Tiananmen Square, to global coverage of the Beijing Olympics, and the Chinese 'economic miracle'. It seems a country of contradictions: a peasant society with some of the world's most futuristic cities, heir to an ancient civilization that is still trying to find a modern identity. This Very Short Introduction offers the reader with no previous knowledge of China a variety of ways to understand the world's most populous nation, giving a short, integrated picture of modern Chinese society, culture, economy, politics and art. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.




Legal Reform Versus the Power of the Party and State in the People's Republic of China


Book Description

Features a case-based approach to the construction of a rule-of-law society with Chinese characteristics by the Chinese Communist Party in an attempt to build up its political legitimacy and to fulfill its nationalistic goal to develop China into a modern state.