Under the direction of the Communist Party of China (CPC), key legal challenges have been identified which will shape the modernization of China’s legal and administrative institutions. An increasingly complex set of legal actors now seek to influence this development, including securities regulators, bankers, accountants, lawyers, local-level mediators and some of China’s newly rich. Whilst the rising middle class wants to voice its interests and concerns, the CPC strives to maintain its leading role.
This book provides a critical appraisal of China’s deepening socialist rule of law and looks ahead to the implications of the domestic reforms for the international legal domain. With contributions from leading Chinese law specialists, it draws on specific illustrations from judicial reform, constitutional law, procedural law, anti-corruption, property law and urban development, socio-economic dispute resolution and Chinese macro-economics. The book questions how China’s domestic law reforms will impact international legal systems, and how international law can be used in managing key regional and bilateral relationships and in dispute resolution, such as in the South China Sea and international trade.
Assessing the state and direction of domestic law reform and including debates around the legal implications of some of China’s most pressing foreign policy challenges today, this volume will be of huge interest to students, scholars and practitioners with an interest in Asia law, Chinese law, international law, comparative law and law reform.
Table of Contents
Introduction: China’s Deepening Socialist Rule Of Law Yan Chang Bennett and John Garrick Part I China’s Socialist Law Reform Agenda 1. Judicial Reform In China: An Overview Qianfan Zhang 2. An Assessment Of Socialist Constitutional Supervision Models And Prospects For A Constitutional Supervision Committee In China: The Constitution As Commander? Keith J. Hand 3. China’s Socialist Rule Of Law: A Critical Appraisal Of The Relationship Between The Communist Party And Comprehensive Law Reform Chongyi Feng 4. Reform Directions For China’s Socialist Market Economy: A Macroeconomic Perspective Qiyuan Xu Part II Major Challenges For China’s Socialist Rule Of Law 5. The Law And Growth Nexus In China Linda Yueh 6. Efforts Toward Procedural Justice In Post-Mao China Jianfu Chen 7. Addressing Corruption And The Trial Of Bo Xilai:
Historical Continuities, Rule Of Law Implications Norman P. Ho 8. China’s Land Use And Urbanization: Challenges For Comprehensive Reform Richard Hu 9. Individual Rights Protection Or Social Management? Equal Employment Laws And Policies In China Su Lin Han Part III China’s Socialist Rule Of Law And International Legal Re-Ordering 10. Sovereignty V. Rights: China’s Reasons For Rejecting The Rome Statute Of The International Criminal Court Jing Tao 11. The Impact of Chinese Legal Reform On Wto Dispute Resolution Ji Li 12. China’s Maritime Interests And The Law Of The Sea: Domesticating Public International Law Isaac B. Kardon 13. Screening The ‘Dragon’s Gift’? National Security Review On China’s Foreign Direct Investment Weitseng Chen 14. Conclusion: China’s Socialist Rule of Law Reforms Under Xi Jinping John Garrick And Yan Chang Bennett
John Garrick is an attorney of the Supreme Court of New South Wales, Australia. He is author and co-editor publications including Law, Wealth and Power in China: Commercial Law Reforms in Context (Routledge 2014) and Law and Policy for China’s Market Socialism (Routledge 2015).
Yan Chang Bennett is a lawyer and Manager for the Center on Contemporary China at Princeton University. From 2009-2015 she was the Assistant Director for the Princeton-Harvard China and the World Program. Before coming to Princeton, she was a Foreign Service Officer with the U.S. Department of State having served as Vice Consul in China.