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              Books in the The Rule of Law in China and Comparative Perspectives series

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              Total 19 jump to: go ‹ previous12next ›
              The Judicial System and Reform in Post-Mao China: Stumbling Towards Justice
               

              The Judicial System and Reform in Post-Mao China: Stumbling Towards Justice (Paperback)

              By Li, Yuwen

              • RRP: $104.00
              • $104.00
              • To Order

              This comprehensive study examines the development and changing characteristics of the judicial system and reform process over the past three decades in China. As the role of courts in society has increased so too has the amount of public complaints about the judiciary. At the sam...e time, political control over the judiciary has retained its tight-grip. The shortcomings of the contemporary system, such as institutional deficiencies, shocking cases of injustice and cases of serious judicial corruption, are deemed quite appalling by an international audience. Using a combination of traditional modes of legal analysis, case studies, and empirical research, this study reflects upon the complex progress that China has made, and continues to make, towards the modernisation of its judicial system. Li offers a better understanding on how the judicial system has transformed and what challenges lay ahead for further enhancement. This book is unique in providing both the breadth of coverage and yet the substantive details of the most fundamental as well as controversial subjects concerning the operation of the courts in China.
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              ISBN 9781138637627
              Released NZ 9 Jan 2017
              Publisher Taylor & Francis Ltd
              Interest Age 19+ years
              Series The Rule of Law in China and Comparative Perspectives
              Availability
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              The Making of Chinese Criminal Law: The Preventive Shift in the Context of the Eighth Amendment
               

              The Making of Chinese Criminal Law: The Preventive Shift in the Context of the Eighth Amendment (Hardback)

              By Ji, Ying

              • RRP: $282.00
              • $282.00
              • Pub Date
                9 Mar 21

              By examining the reasons behind preventive criminalization of the Chinese criminal law, this book argues that the shift of criminal law generates popular expectations of legislative participation, and meets punitive demands of the public, but the expansion of criminal law lacks e...ffective constraints, which will keep restricting people's freedom in the future. The book is inspired by the eighth amendment of Chinese criminal law in 2011, which amended several penalties related to road, drug and environmental safety. It is on the eighth amendment that subsequent amendments have been based. The amendment stemmed from a series of nationally-known incidents that triggered widespread public dissatisfaction with the Chinese criminal justice system. Based on John Kingdon's theory of the multiple streams, the book explains the origins of the legislative process and its outcomes by examining the role of public opinion, policy experts, and political actors in the making of Chinese criminal law. It argues that in authoritarian China, the prominence of risk control through criminal justice methods is a state response to uncertainties generated through reforms under the CCP's leadership. The process of criminal law making has become more responsive and inclusive than ever before, even though it remains a consultation with the elites within the framework set by the Chinese Communist Party (CCP), including representatives of the Lianghui, government ministries, academics, and others. The process enhances the CCP's legitimacy by not only generating popular expectations of legislative participation, but also by meeting the punitive demands of the public. The book will be of interest to academics and researchers in the areas of Chinese Criminal Law and Comparative Law.
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              ISBN 9780367674670
              Released NZ 9 Mar 2021
              Publisher Taylor & Francis Ltd
              Interest Age 16+ years
              Series The Rule of Law in China and Comparative Perspectives
              Availability
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              Administrative Litigation Systems in Greater China and Europe
               

              Administrative Litigation Systems in Greater China and Europe (Hardback, New edition)

              By Li, Yuwen; Series edited by Li, Dr. Yuwen; Hualing, Professor Fu

              • RRP: $282.00
              • $282.00
              • To Order/ Indent titles

              This book provides a comparative study of the administrative litigation systems in China, Hong Kong, Taiwan and Macao, as well as in a number of selected European countries including both states with an advanced rule of law and new democracies.

              ISBN 9781472436085
              Released NZ 7 Nov 2014
              Publisher Taylor & Francis Ltd
              Interest Age 19+ years
              Series The Rule of Law in China and Comparative Perspectives
              Availability
              Indent title (sourced internationally), Allow 8-12 weeks due to Covid 19 freight delays
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              Legal Reforms and Deprivation of Liberty in Contemporary China
               

              Legal Reforms and Deprivation of Liberty in Contemporary China (Hardback, New edition)

              Edited by Nesossi, Elisa; Biddulph, Sarah; Sapio, Flora; Trevaskes, Susan; Series edited by Li, Dr. Yuwen

              • RRP: $294.00
              • $294.00
              • To Order/ Indent titles

              Investigates detention powers in today's China and offers an analysis of the debates surrounding attempts at reform. Focusing not only on law and regulation but also on key events that have precipitated calls for change, this book assess the complexities inherent into the process... of reform of institutions of detention in an authoritarian state.
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              ISBN 9781472479396
              Released NZ 16 Jun 2016
              Publisher Taylor & Francis Ltd
              Interest Age 19+ years
              Series The Rule of Law in China and Comparative Perspectives
              Availability
              Indent title (sourced internationally), Allow 8-12 weeks due to Covid 19 freight delays
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              Halfway to Freedom of Information: The Legislative and Judicial Protection of the Right of Access to Information in China
               

              Halfway to Freedom of Information: The Legislative and Judicial Protection of the Right of Access to Information in China (Hardback)

              By Chen, Yongxi

              • RRP: $247.00
              • $247.00
              • Pub Date
                31 Dec 23

              A right of access to information (ATI) was introduced to China in 2007, creating uncertain hopes that freedom of information may flourish in this party-state with ingrained traditions of secrecy. This book is the first comprehensive assessment of the law and enforcement relating ...to Chinese citizensa (TM) ATI right. It reviews the labyrinth of Chinese laws that bear on government information disclosure, and examines the judicial treatment of the ATI right based on a survey of over 400 representative lawsuits. It especially investigates the extent to which the ATI right has been protected - by laws in book and laws in action - to enable the citizenry to monitor and check the government. A wide range of materials, including statutory and other normative documents, court decisions, news reports and statistics, is meticulously collected and examined. An assessment methodology, which combines empirical study, legal realist observation and doctrinal analysis, is designed to accommodate the characteristics of Chinaa (TM)s judicial system. This book not only contributes rich sources and fresh approaches to the research on freedom of information, but also sheds new light on the role of Chinese courts in affecting the outcomes of political reforms that respond to mounting social demands for government accountability.
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              ISBN 9781472462657
              Released NZ 31 Dec 2023
              Publisher Taylor & Francis Ltd
              Interest Age 19+ years
              Series The Rule of Law in China and Comparative Perspectives
              Availability
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              China, the EU and International Investment Law: Reforming Investor-State Dispute Settlement
               

              China, the EU and International Investment Law: Reforming Investor-State Dispute Settlement (Hardback)

              Edited by Li, Yuwen; Qi, Tong; Bian, Cheng

              • RRP: $282.00
              • $282.00
              • To Order

              This book provides an original and critical analysis of the most contentious subjects being negotiated in the China-EU Comprehensive Agreement on Investment (CAI). It focuses on the pathway of reforming investor-state dispute settlement (ISDS) from both Chinese and European persp...ectives in the context of the China-EU CAI and beyond. The book is divided into three parts. Part I examines key and controversial issues of the China-EU CAI negotiations, including market access, sustainable development, human rights, as well as comparing distinct features between the China-EU CAI and the China-US BIT. Part II concentrates on the institutional reform of investor-state arbitration with an extensive analysis of the EU's approach to replacing the private nature of investment arbitration with the public nature of an investment court. Part III addresses the core substantive and procedural issues concerning ISDS, such as the role of domestic courts in investment dispute settlement, the status of state-owned enterprises (SOEs) as investors, transparency, and protection of victims in investment dispute resolution. This book will be of interest to scholars and practitioners in the field of international investment and trade law, particularly investment dispute settlement.
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              ISBN 9780367338466
              Released NZ 28 Oct 2019
              Publisher Taylor & Francis Ltd
              Interest Age 19+ years
              Series The Rule of Law in China and Comparative Perspectives
              Availability
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              Hong Kong Constitutionalism: The British Legacy and the Chinese Future

              Hong Kong Constitutionalism: The British Legacy and the Chinese Future (Hardback)

              By Cullen, Richard

              • RRP: $282.00
              • $282.00
              • Available At Publisher

              Hong Kong is widely regarded as an exemplar of authoritarian jurisdictions with a positive history of adhering to Rule of Law shaped governance systems. British Hong Kong provides a remarkable story of the effective development and consolidation of such a system, which has contin...ued to apply since 1997 when it became the Hong Kong Special Administrative Region (HKSAR) within the People's Republic of China (PRC). This book adopts a fresh approach in examining the evolution of Hong Kong's political-legal experience. It establishes that these prominent governance achievements were built on particular British constitutional foundations forged over many centuries. The work shows how the analysis of the British theorist Albert Dicey and, in particular, `Diceyan Constitutionalism' was fundamental, within the pivotal context of `Chinese Familism', in shaping the development of governance institutions and operational procedures within the new British Colony. It discusses how Hong Kong's system of Authoritarian Legality has come to pass. Exploring the essence of that system, the study probes how thoroughly it has been stress-tested, not least in 2019, and how well it may be placed to cope with tests yet to come. It also analyzes Hong Kong-Beijing relations and the long-term prospects for the HKSAR within the PRC based on a balanced contemporary assessment of China's exceptional One Party State.
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              ISBN 9781138320130
              Released NZ 17 Mar 2020
              Publisher Taylor & Francis Ltd
              Interest Age 19+ years
              Series The Rule of Law in China and Comparative Perspectives
              Availability
              Showing available at publisher; usually ships 7-14 working days
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              Law and Social Solidarity in Contemporary China: A Durkheimian Analysis
               

              Law and Social Solidarity in Contemporary China: A Durkheimian Analysis (Hardback)

              By Peng, Han

              • RRP: $282.00
              • $282.00
              • To Order

              This book adopts Durkheim's legal perspective to treat law as a symbol of social solidarities to examine Chinese society. The work analyzes changes in the nature of social solidarity from observing changes in laws, thus drawing together western socio-legal theory and distinctive ...Chinese conditions. It draws on Durkheim's theoretical framework and methodology to develop a more comprehensive understanding of the role of law using theories of others such as Habermas and by taking into account the discussion of power and the conflicts of interests in analyzing key social features during transition. The analysis of social anomie in terms of the changes of juridical rules as well as the changes in the nature of social solidarity provides an inspiring perspective to look into contemporary social problems. The book will be essential reading for researchers and academics working in the areas of socio-legal studies, legal theory and law and society in China.
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              ISBN 9780367611781
              Released NZ 30 Dec 2020
              Publisher Taylor & Francis Ltd
              Interest Age 19+ years
              Series The Rule of Law in China and Comparative Perspectives
              Availability
              Indent title (internationally sourced), allow 8-12 weeks
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              China's Insolvency Law and Interregional Cooperation: Comparative Perspectives from China and the EU
               

              China's Insolvency Law and Interregional Cooperation: Comparative Perspectives from China and the EU (Hardback)

              By Gong, Xinyi

              • RRP: $294.00
              • $294.00
              • To Order/ Indent titles

              This book considers possible solutions to problems in China's inter-regional cross-border insolvency cooperation. These solutions are developed on the basis of two groups of comparative studies, including comparison among the cross-border insolvency systems of the four independen...t jurisdictions in China and comparison between EU Insolvency Regulation and the UNCITRAL Model Law. The author discusses the advantages and disadvantages of the two systems and presents original recommendations for the way forward. The book will be a valuable resource for academics and policy makers in insolvency law, Asian law and comparative law.
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              ISBN 9781138048584
              Released NZ 16 Nov 2017
              Publisher Taylor & Francis Ltd
              Interest Age 19+ years
              Series The Rule of Law in China and Comparative Perspectives
              Availability
              Indent title (sourced internationally), Allow 8-12 weeks due to Covid 19 freight delays
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              Environmental Protection, China and International Trade: Greening the WTO Ban on Chinese Export Duties
               

              Environmental Protection, China and International Trade: Greening the WTO Ban on Chinese Export Duties (Hardback)

              By Jiang, Fengan

              • RRP: $282.00
              • $282.00
              • Pub Date
                25 Jun 21

              This book argues for a balanced approach to 'greening' the WTO ban on China's export duties without opening the floodgates to protectionism. As a result of the WTO's controversial China-Raw Materials and China-Rare Earths decisions, China is prohibited from using export duties to... address any environmental problems, including those associated with climate change. This is despite a number of climate studies having suggested that Chinese export duties could be useful for reducing carbon leakage, an issue of international concern. This book puts the case for a more balanced approach. It shows that a general ban on China's export duties constrains its policy space to protect the environment, particularly in the context of climate change. The work presents feasibility tests for various legal solutions that have been discussed for adjusting the ban, and it accordingly proposes a more feasible approach that would allow China to help protect the environment without advancing protectionism. The proposed legal option provides a less protectionist alternative to export duties, namely 'export duties plus' that could be imposed in combination with supplementary restrictions on Chinese consumption. This analysis also yields insights regarding ways to correct WTO precedents, which suggests a moderate alternative response to the Appellate Body crisis within the WTO framework. The book will be a valuable resource for academics, researchers and policy-makers in the areas of International Trade Law, Environmental Law and China.
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              ISBN 9780367753832
              Released NZ 25 Jun 2021
              Publisher Taylor & Francis Ltd
              Interest Age 16+ years
              Series The Rule of Law in China and Comparative Perspectives
              Availability
              Available for pre-order, ships once released
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              Total 19 jump to: go ‹ previous12next ›

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