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This text explores the role and work of China's supreme court - the
Supreme People's Court - focusing especially on the court's role in
the struggle concerning the establishment of the rule of law in
China's judicial system. It discusses the differing positions of
those who favour 'the rule of law' option, where there is
organizational separation of legislature and judicial
responsibility, and those who argue for the retention of China's
present system where judges and the courts are subordinate to the
Party and who are concerned by any increase in the court's
independent interpretative activities.
The People's Republic of China (PRC) is a newly emerging world
power, and yet is still a developing state that must deal with the
liabilities and opportunities of globalization. While integrating
with the world economy, the PRC has had to articulate a newly
defined role for itself as a world power. Moving beyond limited
historical confines of bilateral relations with states in the Asia
Pacific region, the PRC is developing a new perspective and
arguably more sophisticated policy to deal with the changing
international relations agendas of free trade, human rights, and
security and economic cooperation. This volume was previously
published as a special issue of the Review of International
Affairs.
The People's Republic of China (PRC) is a newly emerging world
power, and yet it is still a developing state that must deal with
the liabilities and opportunities of globalization. While
integrating with the world economy, the PRC has had to articulate a
newly defined role for itself as a world power. Moving beyond
limited historical confines of bilateral relations with states in
the Asia Pacific region, the PRC is developing a new perspective
and arguably more sophisticated policy so as to deal with the
changing international relations agendas of free trade, human
rights, and security and economic cooperation. This volume was
previously published as a special issue of the Review of
International Affairs .
Law and Justice in China's New Marketplace provides the first
comprehensive multidisciplinary analysis of the jurisprudence and
related law underlying the contemporary Chinese transition to the
'socialist market economy'. New 'pluralized jurisprudence' has
moved beyond Marxist class analysis to consider a new balance of
values relating to economic efficiency and social justice in the
marketplace, and yet the interior debates and perspectives
concerning these values are virtually unknown in the Western
scholarly literature. By analysing the changing Chinese approach in
law to the adjustment of social interests in the context of
profound economic change , Law and Justice in China's New
Marketplace provides a unique reference tool. It outlines the new
vocabulary of market jurisprudence and law and examines new legal
thinking on rights protection with reference to widely ranging and
often hot internal debate over human rights, property law and
procedural or judicial justice.
Law and Justice in China's New Marketplace provides the first
comprehensive multidisciplinary analysis of the jurisprudence and
related law underlying the contemporary Chinese transition to the
'socialist market economy'. New 'pluralized jurisprudence' has
moved beyond Marxist class analysis to consider a new balance of
values relating to economic efficiency and social justice in the
marketplace, and yet the interior debates and perspectives
concerning these values are virtually unknown in the Western
scholarly literature. By analysing the changing Chinese approach in
law to the adjustment of social interests in the context of
profound economic change , Law and Justice in China's New
Marketplace provides a unique reference tool. It outlines the new
vocabulary of market jurisprudence and law and examines new legal
thinking on rights protection with reference to widely ranging and
often hot internal debate over human rights, property law and
procedural or judicial justice.
The 'rule of law' is more than the mere existence and application
of law within the sphere of state activity. Contemporary Chinese
debate on the 'rule of law' underlines the limiting of arbitrary
government, the materialisation of 'human rights', legal protection
of 'rights and interests' and the principle of equality in the
impartial legal mediation of conflicts within society's 'structure
of interests'. Based upon China interviews and a comprehensive
survey of the domestic press and Chinese-language legal journal
materials, this book places pre- and post-Tiananmen Square legal
reform in political context. The evolving contents of specific laws
across the departments of constitutional, administrative, criminal,
civil and economic law are assessed in light of the politics and
intellectual dynamic of China's legal circles in their struggle to
create a 'rule of law'.
The 'rule of law' is more than the mere existence and application
of law within the sphere of state activity. Contemporary Chinese
debate on the 'rule of law' underlines the limiting of arbitrary
government, the materialisation of 'human rights', legal protection
of 'rights and interests' and the principle of equality in the
impartial legal mediation of conflicts within society's 'structure
of interests'. Based upon China interviews and a comprehensive
survey of the domestic press and Chinese-language legal journal
materials, this book places pre- and post-Tiananmen Square legal
reform in political context. The evolving contents of specific laws
across the departments of constitutional, administrative, criminal,
civil and economic law are assessed in light of the politics and
intellectual dynamic of China's legal circles in their struggle to
create a 'rule of law'.
This book examines the learning curve of the People's Supreme Court
of China as an expanding Chinese national institution that has
played a key role in the struggle for the rule of law in China.
Within the unity of state administration and the requirements of
the constitution, the court has negotiated the changing tension
between politics and law through improvising new formats of
interpretation and supervision in response to the changing
priorities of revolution and market reform.
This Lexington Books edition of Comparative Political Philosophy
brings back into print a volume that was one of the first to move
beyond a Eurocentric bias in the study of political philosophy and
provide a well-balanced critique of the perilous transition from
tradition to modernity. The book is evidence of the benefits to be
reaped from comparison, from a reading of Aristotle together with
the Arthashastra, of Mahatma Gandhi with Eric Voegelin, of Voltaire
with Confucius. Focusing on key texts from Chinese, Indian, Western
and Islamic political philosophy, chapter authors both describe the
very different contexts from which philosophic traditions arose and
discover basic tenets they have in common. In a new introduction,
editors Anthony J. Parel and Ronald C. Keith discuss the changes in
political contexts since the book's first publication, and they
underscore the increasing importance of the comparative approach.
Many books claiming to aid our understanding of China are based on
the assumption that it is destined to follow the model of the U.S.;
war, empire and unilaterlism. Ronald Keith shows that this
underplays the importance of China's domestic politics, which will
be essential in shaping the country's role in the world.
Highlighting the development over time of China's perception of its
own "rise," the book integrates domestic perspective into critical
analysis of the contemporary controversies concerning "socialism"
versus "capitalism with Chinese characteristics," the struggle to
create the rule of law and to foster human rights and elaboration
of a new stage of democratic reform. The internal viewpoint and
original analysis makes this book an essential text for students of
China studies and international relations.
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