From Leninist Discipline to Socialist Legalism


Book Description

This is the first full-length study in English of Peng Zhen (1902-97), a revolutionary comrade of Mao Zedong and Deng Xiaoping, and an influential legal policymaker in China during both men’s regimes. As one of the chief architects of PRC law and legal institutions during the 1950s and again in the 1980s, Peng left an indelible mark on the present legal system of China. This book analyzes the evolution of Peng’s legal views from his days as a revolutionary in the 1930s and 1940s, through his participation in Communist rule during the 1950s, to his conflicts with Mao and his purge in 1966, and finally to his rehabilitation and resumption of legal reform activities in the 1980s and 1990s. Initially, Peng embraced Leninist notions of law and political authority. These ideas gradually evolved so that in the 1980s Peng advocated increased reliance on formal rules and procedures as mechanisms of governance.







Victims, Perpetrators, and the Role of Law in Maoist China


Book Description

Eine erstmalige Analyse maoistischer Justiz auf Basis von Originalfallakten, die aufgrund ihrer plastischen Details einen tiefen Einblick in die chinesische Rechts-, Politik- und Sozialgeschichte geben. Durch die Betonung der Akteuersebene wird, jenseits von Metadiskursen, der totalitäre Charakter der frühen Volksrepublik China und der mehr oder minder großer Spielraum von Angeklagten, Richtern und politischer Führung ausgelotet. Der Band versammelt chinesische, europäische und amerikanische Wissenschaftler, um gemeinsam eine Revision des bisherigen Forschungsstandes zu ermöglichen.




The Oxford Illustrated History of Modern China


Book Description

This lavishly illustrated volume explores the history of China during a period of dramatic shifts and surprising transformations, from the founding of the Qing Dynasty (1644-1912) through to the present day. The Oxford Illustrated History of Modern China promises to be essential reading for anyone who wants to understand this rising superpower on the verge of what promises to be the 'Chinese century', introducing readers to important but often overlooked events in China's past, such as the bloody Taiping Civil War (1850-1864), which had a death toll far higher than the roughly contemporaneous American Civil War. It also helps readers see more familiar landmarks in Chinese history in new ways, such as the Opium War (1839-1842), the Boxer Uprising of 1900, the rise to power of the Chinese Communist Party in 1949, and the Tiananmen protests and Beijing Massacre of 1989. This is one of the first major efforts -- and in many ways the most ambitious to date -- to come to terms with the broad sweep of modern Chinese history, taking readers from the origins of modern China right up through the dramatic events of the last few years (the Beijing Games, the financial crisis, and China's rise to global economic pre-eminence) which have so fundamentally altered Western views of China and China's place in the world.




The Routledge Handbook of Chinese Criminology


Book Description

As the world’s second largest economy, China has made great progress in developing criminology. The Routledge Handbook of Chinese Criminology aims to be a key reference point to summarize the large body of literature in both Chinese and English about various aspects of crime and its control in China for international scholars with an interest in the development of criminological research on and in the Greater China region, and for everyone with a broad interest in international criminology. The editors of the handbook have selected authoritative contributors recognized for their research and scholarship on China, Hong Kong Macao, and Taiwan. This handbook consists of five sections: An account of the development of criminology as an academic discipline in modern China, as well as some of the unique theories, strategies, or philosophies of crime control that have emerged, An analysis of the criminal justice system in China, including the police, the courts, corrections, juvenile justice and the death penalty, An exploration of the issues and problems in conducting research in China, Reflections on the nature of crime and criminality in China, including drugs, prostitution, human trafficking, corruption, floating population, domestic violence, and white-collar crime, An account of crime and criminal justice in Taiwan, Hong Kong, and Macao. The book presents a coherent and comprehensive collection of essays on current research and theory in criminology, crime and justice in China and Greater China, and the Editors’ Introduction and Conclusion provide further contextualisation of the Handbook’s key themes.




China's Legal System


Book Description

China’s struggle for the rule of law is at a critical juncture. As a key element of governance in the PRC today, China’s legal system affects not only domestic affairs but also China’s engagement with the world. But can a credible legal system emerge which protects the rights of citizens and international partners without undermining the power of the Party State? And is the Chinese Communist Party willing to embark on judicial reforms that may jeopardize its very survival? Understanding the PRC legal system is increasingly important as China rises to prominence in the world. In this compelling analysis, noted legal scholar Pitman Potter examines the ideals and practices of China’s legal regime, in light of international standards and local conditions. Against a rich historical backdrop, Potter explains how China’s legal system supports three key policy objectives; namely, political stability, economic prosperity, and social development. In exploring these competing policy goals and the tensions between them, he also raises fundamental questions about government expectations of the role of law in regulating local and international socio-economic and political relationships. This wide-ranging and readable introduction will be an invaluable guide for students and non-specialists interested in China’s ongoing process of legal modernization.




A Companion to Chinese History


Book Description

A Companion to Chinese History presents a collection of essays offering a comprehensive overview of the latest intellectual developments in the study of China’s history from the ancient past up until the present day. Covers the major trends in the study of Chinese history from antiquity to the present day Considers the latest scholarship of historians working in China and around the world Explores a variety of long-range questions and themes which serves to bridge the conventional divide between China’s traditional and modern eras Addresses China’s connections with other nations and regions and enables non-specialists to make comparisons with their own fields Features discussion of traditional topics and chronological approaches as well as newer themes such as Chinese history in relation to sexuality, national identity, and the environment




Chinese Law: Context and Transformation


Book Description

Eight years of changes in China have passed since the publication of the previous highly successful edition of this book. These changes have not just been about economic development. Among the many transformations there has been another quiet, peaceful, and largely successful (but far from perfect) ‘revolution’ in the area of law, whose deficiencies have been more often mercilessly examined and documented than have its historical achievements and significance. This legal ‘revolution’ is the subject matter of the present book. Like the previous edition, it examines the historical and politico-economic context in which Chinese law has developed and transformed, focusing on the underlying factors and justifications for changes. It attempts to sketch the main trends in legal modernisation in China, offering an outline of the main features of contemporary Chinese law and a clearer understanding of its nature from a developmental perspective. It offers comprehensive coverage of topics such as: ‘legal culture’ and modern law reform, constitutional law, legal institutions, law-making, administrative law, criminal law, criminal procedure law, civil law, property, family law, contracts, law on business entities, securities, bankruptcy, intellectual property, law on foreign investment and trade, and implementation of law. Fully revised, updated and considerably expanded, this editon of Chinese Law: Context and Transformation is a valuable and important resource for reasearchers, policy-makers and teachers alike.




Civil Society in China


Book Description

This is the definitive book on the legal and fiscal framework for civil society organizations (CSOs) in China from earliest times to the present day. Civil Society in China traces the ways in which laws and regulations have shaped civil society over the 5,000 years of China's history and looks at ways in which social and economic history have affected the legal changes that have occurred over the millennia. This book provides an historical and current analysis of the legal framework for civil society and citizen participation in China, focusing not merely on legal analysis, but also on the ways in which the legal framework influenced and was influenced in turn by social and economic developments. The principal emphasis is on ways in which the Chinese people - as opposed to high-ranking officials or cadres -- have been able to play a part in the social and economic development of China through the associations in which they participate. Civil Society in China sums up this rather complex journey through Chinese legal, social, and political history by assessing the ways in which social, economic, and legal system reforms in today's China are bound to have an impact on civil society. The changes that have occurred in China's civil society since the late 1980's and, most especially, since the late 1990's, are nothing short of remarkable. This volume is an essential guide for lawyers and scholars seeking an in depth understanding of social life in China written by one of its leading experts.




Berkshire Dictionary of Chinese Biography Volume 4


Book Description

The Berkshire Dictionary of Chinese Biography (1979-2015) provides a riveting new way to understand twenty-first-century China and a personal look at the changes that have taken place since the Reform and Opening Up era started in 1979. One hundred key individuals from this period were selected by an international group of experts, and the stories were written by more than 70 authors in 14 countries. The authors map the paths taken by these individuals-some rocky, some meandering, some fateful-and in telling their stories give contemporary Chinese history a human face. The editors have included-with the advice of myriad experts around the world-not only the life stories of politicians and government officials, who play a crucial role in the development of the country, but the stories of cultural figures including, film directors, activists, writers, and entrepreneurs from the mainland China, Hong Kong, and also from Taiwan. The "Greater China" that comes through in this volume has diverse ideas and identities. It is often contradictory, sometimes fractious, and always full of creative human complexity. Some of the lives rendered here are heroic. Some are tragic, and many are inspirational. Some figures come in for trenchant criticism, and others are celebrated with a sense of wonder and awe. Like previous volumes of the Berkshire Dictionary of Chinese Biography, this volume includes a range of appendices, including a pronunciation guide, a bibliography, and a timeline of key events.