Chinese Legality focuses on the concept of "legality" as a lens through which to look at Chinese legal reforms, making a valuable contribution to the argument that law has historically been used as a tool to control society in China.
This book discusses how Chinese legality in the Xi Jinping era is defined from a theoretical, ideological, historical, and cultural point of view. Covering vitally important events such as Xi’s term limit issue, the Hong Kong protests and the Covid-19 pandemic, the book examines how legality is reflected and embodied in laws and constitutions, and how legality is realized through institutions, with particular focus on how the CCP interacts with the legislature, the judiciary, the procuratorate, and the police.
As a study of the legal reforms under Xi Jinping, this book will be of interest to students and scholars of Chinese politics and law.
1. Introduction to Chinese Legality: Ideology, Law, and Institutions
Shiping Hua
Part 1: How is Legality Defined? Theories and Ideologies
2. Rule of Law with Chinese Characteristics
Jeffrey E. Thomas
3. A Hundred Schools of Thought Contending on Constitutionalism – The Short Life of the Great Debate of Constitutionalism Remembered
Guobin Zhu
4. Legalism and the Xi Jinping Thought: Han Fei’s Influence on Contemporary Chinese Politics and Law
Haig Patapan
Part 2: How is Legality Reflected and Embodied in Laws?
5. Dashed Hopes? The Limits of International Economic Rules in Promoting the Rule of Law in China
Ming Du
6. Legality of Chinese Extraterritorial Jurisdiction
Zheng Sophia Tang and Xinxin Zhang
7. Civil Rights Chinese Style: The Politics and Ideology of the New Civil Code
Shiping Hua
Part 3: How is Legality Realized? Institutions in Action
8. Can Xi Jinping Stop the Bureaucrats from Seeking Rents via Legislation?
Chun-Chih Chang and Chien-Min Chao
9. Politics, Law, and Policing in Reform Era China
Suzanne E. Scoggins
10. Legality and the Hong Kong Protests
Stephan Ortmann
11. Policing the Police, Party, and State: Corruption and Anti-corruption in China
Andrew Wedeman
12. Legality of Reprimand and Contest of Public Trust Amid the Pandemic: The Case of the Inadvertent Whistleblower Li Wenliang
Bin Liang
Part 4: Conclusion
13. Chinese Law in a Comparative Context
Michael R. Fowler
Biography
Shiping Hua is Calvin and Helen Lang Distinguished Chair in Asian Studies, Director of the Asian Studies Program, and Professor of Political Science at the University of Louisville, US.
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'Shiping Hua offers one of the best collective studies on Chinese legal reforms by organizing world-leading scholars to explain how Xi Jinping used law to control Chinese government and society. Insightful and provocative, a milestone in Chinese legal research. A must-read for those who are interested in Chinese politics and law.'
Xiaobing Li, University of Central Oklahoma, USA
'This timely new volume, edited by Professor Shiping Hua of the University of Louisville - Chinese Legality: Ideology, Law and Institutions - is both comprehensive and of considerable interest to students and academics studying current Chinese law and state legal institutions. Given the many recent challenges presented by the COVID-19 pandemic, realignment of global power and the evolution of Chinese Communist Party rule after the 20th Party Congress, this collection of analyses by a multinational cohort of China scholars is a most welcome contribution.'
James V. Feinerman, James M. Morita Professor of Asian Legal Studies, Georgetown University Law Center, USA
