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The Rule of Law in China and Comparative Perspectives


About the Series

There is no doctrine more effective than the rule of law in portraying the complex transformation of Chinese society from the rule of men towards the rule of law - a process inaugurated in post-Mao China which is continuing to advance legal reforms to the present day. In other parts of the world, striving for the rule of law is also evident: countries in transition face a similar mission, while the developed democratic countries are forced to tackle new challenges in retaining the high benchmark of the rule of law that has been established.

Research on the legal system in China and in comparison with other countries in the framework of the rule of law covers broad topics of public and private law, substantive law and procedural law, citizens’ rights and law enforcement by courts. Based on this broad understanding of the rule of law, the series presents international scholarly work on modern Chinese law including: comparative perspectives, interdisciplinary, and empirical studies.

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The Making of Chinese Criminal Law The Preventive Shift in the Context of the Eighth Amendment

The Making of Chinese Criminal Law: The Preventive Shift in the Context of the Eighth Amendment

1st Edition

Forthcoming

By Ying Ji
March 09, 2021

By examining the reasons behind preventive criminalization of the Chinese criminal law, this book argues that the shift of criminal law generates popular expectations of legislative participation, and meets punitive demands of the public, but the expansion of criminal law lacks effective ...

Law and Social Solidarity in Contemporary China A Durkheimian Analysis

Law and Social Solidarity in Contemporary China: A Durkheimian Analysis

1st Edition

Forthcoming

By Han Peng
December 30, 2020

This book adopts Durkheim’s legal perspective to treat law as a symbol of social solidarities to examine Chinese society. The work analyzes changes in the nature of social solidarity from observing changes in laws, thus drawing together western socio-legal theory and distinctive Chinese conditions...

National Security Review of Foreign Investment A Comparative Legal Analysis of China, the United States and the European Union

National Security Review of Foreign Investment: A Comparative Legal Analysis of China, the United States and the European Union

1st Edition

By Cheng Bian
April 09, 2020

In recent years, China, the US, and the EU and its Member States have either promulgated new national laws and regulations or drastically revised existing ones to exert more rigorous government control over inward foreign direct investment (FDI). Such government control pertains to the ...

Hong Kong Constitutionalism The British Legacy and the Chinese Future

Hong Kong Constitutionalism: The British Legacy and the Chinese Future

1st Edition

By Richard Cullen
February 18, 2020

Hong Kong is widely regarded as an exemplar of authoritarian jurisdictions with a positive history of adhering to Rule of Law–shaped governance systems. British Hong Kong provides a remarkable story of the effective development and consolidation of such a system, which has continued to apply since ...

China, the EU and International Investment Law Reforming Investor-State Dispute Settlement

China, the EU and International Investment Law: Reforming Investor-State Dispute Settlement

1st Edition

Edited By Yuwen Li, Tong Qi, Cheng Bian
October 28, 2019

This book provides an original and critical analysis of the most contentious subjects being negotiated in the China–EU Comprehensive Agreement on Investment (CAI). It focuses on the pathway of reforming investor-state dispute settlement (ISDS) from both Chinese and European perspectives in the...

The Power of the Supreme People's Court Reconceptualizing Judicial Power in Contemporary China

The Power of the Supreme People's Court: Reconceptualizing Judicial Power in Contemporary China

1st Edition

By Ding Qi
August 27, 2019

This book explores the recent development of the Supreme People’s Court of China, the world’s largest highest court. Recognizing that its approach to exercising power in an authoritarian context has presented a challenge to the understanding of judicial power in both democratic and non-democratic ...

Law and Politics of the Taiwan Sunflower and Hong Kong Umbrella Movements

Law and Politics of the Taiwan Sunflower and Hong Kong Umbrella Movements

1st Edition

Edited By Brian Christopher Jones
March 21, 2019

Rarely do acts of civil disobedience come in such grand fashion as Taiwan’s Sunflower Movement and Hong Kong’s Umbrella Movement. The two protests came in regions and jurisdictions that many have underestimated as regards furthering notions of political speech, democratisation, and testing the ...

Conservation and Recreation in Protected Areas A Comparative Legal Analysis of Environmental Conflict Resolution in the United States and China

Conservation and Recreation in Protected Areas: A Comparative Legal Analysis of Environmental Conflict Resolution in the United States and China

1st Edition

By Yun Ma
May 11, 2018

This book provides a comprehensive and up to date comparative study of the management and resolution of conflicts between conservation and recreation in protected areas in the US and China. Competing claims on the use of nature, increasing regulation of land use and recreational activities, and ...

Legal Reforms and Deprivation of Liberty in Contemporary China

Legal Reforms and Deprivation of Liberty in Contemporary China

1st Edition

Edited By Elisa Nesossi, Sarah Biddulph, Flora Sapio, Susan Trevaskes
May 11, 2018

The volume presents an extensive investigation into the process of reforms of detention powers in today’s China and offers an in-depth analysis of the debates surrounding the reformist attempts. The chapters in this collection demonstrate that legislative and institutional reforms in this area ...

China’s Insolvency Law and Interregional Cooperation Comparative Perspectives from China and the EU

China’s Insolvency Law and Interregional Cooperation: Comparative Perspectives from China and the EU

1st Edition

By Xinyi Gong
November 16, 2017

As a result of resumption of sovereignty over Hong Kong and Macao as well as the uncertain relationship between the Mainland and Taiwan, China has become a country composed of peculiar political compounds, resulting in four independent jurisdictions. This makes inter-regional legal cooperation a ...

Administrative Litigation Systems in Greater China and Europe

Administrative Litigation Systems in Greater China and Europe

1st Edition

By Yuwen Li
January 09, 2017

Administrative litigation systems are a rapidly developing legal field in many countries. This book provides a comparative study of the administrative litigation systems in China, Hong Kong, Taiwan and Macao, as well as a number of selected European countries that covers both states with an ...

The Judicial System and Reform in Post-Mao China Stumbling Towards Justice

The Judicial System and Reform in Post-Mao China: Stumbling Towards Justice

1st Edition

By Yuwen Li
January 09, 2017

This comprehensive study examines the development and changing characteristics of the judicial system and reform process over the past three decades in China. As the role of courts in society has increased so too has the amount of public complaints about the judiciary. At the same time, political ...

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