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Varieties of Governance in China examines the origins of the varying institutional foundations of rural China's decentralized governance, explains the performance and change of the formal and informal institutions that uphold rural China's governance, and documents the effects of rural-urban migration on institutional change and local governance in Chinese villages.
A study of the decision-making process of Chinese courts and the non-legal forces and regional factors that influence judicial outcomes.
'Comparative Perspectives on Criminal Justice in China is highly recommended. The editors have assembled the leading Western and Chinese scholars in the field to examine the administration of criminal justice in China, showing both how far the system has come and the challenges that lie ahead. This is an important and timely book. It is essential reading for anyone who wants to understand or has to deal with the Chinese criminal justice system.' Klaus Mühlhahn, Freie Universität Berlin, Germany 'This highly informative and engaging volume on the Chinese criminal justice system today provides a window into the vagaries of law and its operation in the People's Republic. McConville and Pils b...
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"This book is aimed at rethinking social scientific approaches to collective action by exploring China's ongoing water crisis from the vantage point of Huize County, a water-stressed, ecologically damaged, multi-ethnic area of rural Yunnan Province"--
Li Yu, 1610-1680, was a brilliant comic writer and entertainer, a thoroughgoing professional whose life was in his work-plays, stories, a novel, criticism, essays, and poems. Patrick Hanan places him in the society of his day, where even his precarious livelihood, his constant search for patronage, did not dampen his versatility, his irreverent wit, or his jocund spirit. Li was also an epicure, an inventor, a pundit, and a designer of houses and gardens. He was an exceptional figure in Chinese culture for two reasons: his disregard of the authority of tradition, and his dedication to the cause of comedy. Hanan uses the term "invention" in his title in several ways: Li Yu's invention of himself, his public image-his originality and inventiveness in a multitude of fields and the literary products of his inventiveness. With expert and entertaining translations Hanan explores the key features of Li Yu's work, summarizing, describing, and quoting extensively to convey Li's virtuosity, his unconventionality, his irreverence, his ribaldry. This is a splendid introduction to the art and persona of a Chinese master of style and ingenuity.
What are the costs of the Chinese regime's fixation on quelling dissent in the name of political order, or "stability?" In Welfare for Autocrats, Jennifer Pan shows that China has reshaped its major social assistance program, Dibao, around this preoccupation, turning an effort to alleviate poverty into a tool of surveillance and repression. This distortion of Dibao damages perceptions of government competence and legitimacy and can trigger unrest among those denied benefits. Pan traces how China's approach to enforcing order transformed at the turn of the 21st century and identifies a phenomenon she calls seepage whereby one policy--in this case, quelling dissent--alters the allocation of resources and goals of unrelated areas of government. Using novel datasets and a variety of methodologies, Welfare for Autocrats challenges the view that concessions and repression are distinct strategies and departs from the assumption that all tools of repression were originally designed as such. Pan reaches the startling conclusion that China's preoccupation with order not only comes at great human cost but in the case of Dibao may well backfire.
As the first volume of a two-volume set on mediation in China, this book examines the legal foundations of Chinese mediation and feasible paths to the institutionalization and professionalization of mediation. Grounded in traditional dispute resolution practices throughout Chinese history, mediation is born out of the Chinese legal tradition and considered to be “Eastern” in nature. The first volume discusses the legal principles that underpin mediation in China, rooted in a legal tradition that pursues the rule of law and morality as well as the concept of harmony in Chinese society. It first revisits traditional notions and models of Chinese mediation and then puts forward approaches t...
The culmination of twenty years of research, this essential book completes distinguished historian Philip C. C. Huang's pathbreaking trilogy on Chinese law and society from late imperial times to the present. Huang shows how, at the level of ideology and theory, traditional Chinese law has been rejected time and again in the past century by China's own lawmakers, first in the late Qing and the republic, then in the revolutionary and Maoist periods of the People's Republic, and finally again in the current reform era. Considering legal theory alone, modern Chinese law can only be Western law, and past Chinese law--traditional or Maoist--can have no role under the leadership's current preoccup...
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.