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China's Legal System
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 le...
Exporting Virtue?
China’s rise to prosperity on the international stage has been accompanied by increased tensions with international standards of law and governance. Exporting Virtue? examines China’s internationalizing of PRC human rights policy and practice as an example of its international assertiveness, and considers the implications. China’s international human rights activism is couched in terms of virtue but manifested as authoritarianism, inviting scholars and policy makers around the world to engage critically with the issue. Exporting Virtue? investigates the challenges that China’s human rights orthodoxy poses to international norms and institutions, offering normative and institutional analysis and providing suggestions for policy response.
The Chinese Legal System
The legal system of the People's Republic of China has seen significant changes since legal reforms began in 1978. At the end of the second decade of legal reform, law-making and institution-building have reached impressive levels. Understanding the operation and possible futures of law in the People's Republic of China requires an appreciation of the normative influences on the system, as well as an examination of how these norms have worked in practice.
Domestic Law Reforms in Post-Mao China
This volume explores various aspects of the law in transition in post-Mao China. Stanley Lubman's introduction places each of the substantive chapters in the larger context of Chinese legal studies. Edward Epstein analyses the transplanting of European and Anglo-American legal ideologies into China, and the dilemmas this poses for the rule of law and legitimation in the reform period. Murray Scot Tanner analyses reforms in the legislative process, focusing particularly on the separation of the Communist Party from day-to-day legislative affairs and more pluralistic tendencies in the legislative process. William C. Jones, by addressing the opinion of the Surpreme People's Court regarding impl...
Exporting Virtue?
Human rights tensions shadow China's global rise. Without clear international standards, China has pursued socioeconomic rights across Asia at the expense of political liberty for its own people. Couched in terms of virtue but manifested as authoritarianism, the PRC's global activism undermines international human rights law toward its own policy interests. Pitman B. Potter argues in Exporting Virtue? that decision-makers around the world should engage more effectively in this struggle over human rights standards. Drawing on both Chinese and English language sources, Potter investigates the challenges posed by China's human rights orthodoxy and lays the groundwork for an effective international response.
Law, Policy, and Practice on China's Periphery
This book examines the Chinese government’s policies and practices for relations with the Inner Periphery areas of Tibet, Xinjiang, and Inner Mongolia, and the Outer Periphery areas of Hong Kong and Taiwan focusing on themes of political authority, socio-cultural relations, and economic development. China’s history may be seen as one of managing the geographic periphery surrounding China proper. Successive imperial, republican, and communist governments have struggled to maintain sovereignty over the regions surrounding the great river valleys of China. The importance of the periphery is no less real today, concerns over national security, access to natural resources, and long-held conce...
From Leninist Discipline to Socialist Legalism
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.
Social Connections in China
This volume assesses the evolving role of guanxi (social networks) in China's transforming society.
The Limits of the Rule of Law in China
In The Limits of the Rule of Law in China, fourteen authors from different academic disciplines reflect on questions that have troubled Chinese and Western scholars of jurisprudence since classical times. Using data from the early 19th century through the contemporary period, they analyze how tension between formal laws and discretionary judgment is discussed and manifested in the Chinese context. The contributions cover a wide range of topics, from interpreting the rationale for and legacy of Qing practices of collective punishment, confession at trial, and bureaucratic supervision to assessing the political and cultural forces that continue to limit the authority of formal legal institutions in the People’s Republic of China.
