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The post-Mao commitment to modernization, coupled with a general revulsion against the lawlessness of the Cultural Revolution, has led to a significant law reform movement in the People's Republic of China. China's current leadership seeks to restore order and morale, to attract domestic support and external assistance for its modernization program, and to provide a secure, orderly environment for economic development. It has taken a number of steps to strengthen its laws and judicial system, among which are the PRC's first substantive and procedural criminal codes. This is the first book-length study of the most important area of Chinese law--the development, organization, and functioning o...
China, Taiwan, Japan, the United States and the World is the fifth volume in the Miller Center's series on Asian political leadership. As part of the Center's ongoing research program, recognized authorities participate in forums, colloquia, and conferences. The contributors are a unique mix of scholars, administrators, and diplomats whose expertise serves as a rich resource for students of government and foreign policy. Their efforts provide a comparative dimension to the Center's programs. The book is divided into four sections. Part I focuses on China, Taiwan, and Southeast Asia after the Cold War. Part II focuses on Japan and its role in the future of international politics. Part III add...
Law, in particular its actual functioning in any given society, is above all a part of the culture of that society - a part of its historical, political, social and intellectual creation. If a `black-letter' approach towards law in the West is under increasing criticism, it is particularly unhelpful, if not misleading, in understanding Chinese law, its nature and developments. Rather, to understand Chinese law, its nature and developments, we need to examine the Chinese legal traditions, the prevailing political and economic situations, Party policies on economic reform and tolerance towards political liberalisation, and scholarly discussions and debate. This is the approach of this book. It...
"Observers have been predicting the demise of China’s political system since Mao Zedong’s death over thirty years ago. The Chinese Communist state, however, seems to have become increasingly adept at responding to challenges ranging from leadership succession and popular unrest to administrative reorganization, legal institutionalization, and global economic integration. What political techniques and procedures have Chinese policymakers employed to manage the unsettling impact of the fastest sustained economic expansion in world history?As the authors of these essays demonstrate, China’s political system allows for more diverse and flexible input than would be predicted from its formal...
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Cover -- Title -- Copyright -- Contents -- List of maps -- Acknowledgements -- Notes on contributors -- Introduction -- Part 1 Bilateral perspectives -- 1 India's relations with China, 1945-74 -- 2 Foreign Secretary Subimal Dutt and the prehistory of the Sino-Indian border war -- 3 From 'Hindi-Chini Bhai-Bhai' to 'international class struggle' against Nehru: China's India policy and the frontier dispute, 1950-62 -- 4 The strategic and regional contexts of the Sino-Indian border conflict: China's policy of conciliation with its neighbours -- Part 2 International perspectives
Dispute resolution reforms in China in the last decade or so have all centred around the strategy of establishing an integrated dispute resolution system as part of China’s modern governance system. This new integrated system, referred to as the ‘Mechanism for Pluralist Dispute Resolution (PDR)’ in China, serves as a dispute resolution system as well as a comprehensive social control mechanism. This book is the first academic attempt to explain the methods of civil and commercial dispute resolution in China from the perspective of PDR. It systematically and critically examines the development of China’s dispute resolution system, with each chapter analysing in detail the development and transformation of the different institutions, mechanisms and processes in their historical, politico-economic and comparative context.
"Today’s intellectuals in China inherit a mixed tradition in terms of their relationship to the state. Some follow the Confucian literati watchdog role of criticizing abuses of political power. Marxist intellectuals judge the state’s practices on the basis of Communist ideals. Others prefer the May Fourth spirit, dedicated to the principles of free scholarly and artistic expression. The Chinese government, for its part, has undulated in its treatment of intellectuals, applying restraints when free expression threatened to get “out of control,” relaxing controls when state policies required the cooperation, good will, and expertise of intellectuals. In this stimulating work, twelve Ch...