The Philosophy of Civil Rights in the Context of China


Book Description

Based on the author’s comprehensive knowledge of Chinese and Western legal philosophy, this book guides readers to an understanding of traditional Chinese legal thinking as well as the impact of Western rights theories on China’s contemporary politics and legal development.




The Philosophy of Civil Rights in the Context of China


Book Description

Rev. ed. of: Zhongguo min quan zhe xue = The philosophy of civil rights in the context of China. 2004.




Civil Liberties in China


Book Description

This book examines civil liberties in China today, covering the topics of constitutional rights of citizens, rights of the criminally accused, the court and legal systems, and judicial conflicts between government regulation and personal freedoms. The Constitution of the People's Republic of China was amended in 2004 to expressly include the protection of human rights, and the last revision of the Constitution in 1982 ostensibly guaranteed civil liberties such as freedom of speech, of the press, and of assembly. In actuality, China still resorts to suppressive actions such as strictly controlling accessible content on the Internet and censorship of the media, as well as silencing criticism of government or calls for political reform. Civil Liberties in China explores both theory and practice by identifying key issues in Chinese ideology, government, and human rights. The book assesses historical evidence and empirical data, putting major legal cases in the context of Chinese traditions and culture. Abortion, the one-child policy, and privacy issues are given special attention.




Human Rights Protection System in China


Book Description

In recent years, more and more scholars in the world feel interested in the topic of human right protection status in China. This book hopes to serve as a window through which its readers will have a better understanding of theory and practice of human rights protection in the Chinese context. The book systematically introduces the dynamic development and progress of human rights protection in China, attaching great importance to the first white paper on Human Rights in China, “The state respects and guarantees human rights” included in the Constitution, National Human Rights Action Plan of China, and then putting forth fundamental principles to achieve international human rights standards and specific measures to improve human rights protection standards in China. Then the book further discusses “Foundations of Human Rights Guarantee in Contemporary China”, “Human Rights, Culture and Their Reconstruction in the Chinese Context” and “Socialist Legal System with Chinese Characteristics”. Then, a final chapter is dedicated to the topic of “Judicial Protection System of Human Rights in China”. In appendices, four important documents on human rights in China, as well as a list of the author’s major articles and works in the past 10 years are provided.​




Human Rights and Chinese Values


Book Description

Directed at both students and scholars of Asia, this volume collects essays by ten major figures in the debate over human rights in the region. The essays treat the issues surrounding human rights, with a particular focus on the cases of China and Hong Kong.




Ideological Conflict and the Rule of Law in Contemporary China


Book Description

This book studies ideological divisions within Chinese legal academia and their relationship to arguments about the rule of law. The book describes argumentative strategies used by Chinese legal scholars to legitimize and subvert China's state-sanctioned ideology. It also examines Chinese efforts to invent new, alternative rule of law conceptions. In addition to this descriptive project, the book advances a more general argument about the rule of law phenomenon, insisting that many arguments about the rule of law are better understood in terms of their intended and actual effects rather than as analytic propositions or descriptive statements. To illustrate this argument, the book demonstrates that various paradoxical, contradictory and otherwise implausible arguments about the rule of law play an important role in Chinese debates about the rule of law. Paradoxical statements about the rule of law, in particular, can be useful for an ideological project.




On Minority Rights


Book Description

China's vast population contains a large number of disadvantaged or minority groups. Published in association with Social Science Academic Press (China), this unique book outlines what legal protection each minority group receives under Chinese law, together with a helpful comparative study on Chinese national and regional laws. Ground-breaking and detailed, it offers a comprehensive analysis of the various disparate aspects of minority rights protection in China, such as current anti-discrimination policy, the implementation of international standards for minority protection, and domestic legal protection for non-Chinese and ethnic minority groups. Written by leading Chinese scholars Li Lin and Li Xixia from The Institute of Law of the Chinese Academy of Social Sciences (CASS), & Lidija R. Basta Fleiner from The Institute of Federalism of the University of Fribourg, Switzerland.




Human Rights in the Asia-Pacific Region


Book Description

The Asia-Pacific region is known for having one of the least developed institutional mechanisms for protecting human rights. This edited collection makes a timely and distinctive contribution to contemporary debates about strengthening the institutional protection of human rights in the Asia-Pacific region, in the wake of ASEAN’s announcement in 2009 of an ASEAN regional human rights mechanism. Drawing together leading scholarly voices including Surya Deva, V.T. Thamilmaran, Tom Zwart and Catherine Renshaw, the book focuses on the systemic issue of institutionalizing human rights protection in the Asia-Pacific. It critically examines the prospects for deepening and widening the institutionalization of human rights monitoring in the region, challenging the orthodox scepticism about whether Asia is "ready" for stronger institutions. The volume analyses the impediments to institutions, whilst questioning the need for them.




Chinese Ethics in a Global Context


Book Description

How do Chinese and Western ethical traditions interact today? In this collection of articles both Chinese and Western scholars carefully examine the issue, one of fundamental importance for the mutual understanding between China and the West. The volume is the result of the second symposium which focused on a dialogue between China and the West on questions of ethics, in particular concerning their commensurability and a possible common ground. The first part of the book discusses general problems of ethics in a cross-cultural context, followed by articles on ethical bases of Chinese and Western societies respectively. Further topics range from moral traditions in the context of social transformation in China today to developments in Western societies, politics, education and religion. The last part deals with controversial issues such as human rights vs. human duties and medical ethics.




Human Rights in China


Book Description

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.