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.
Effective Environmental Regulation in China Reflections on the Experience of European Union Legislation on Environmental Permits
Environmental Protection, China and International Trade Greening the WTO Ban on Chinese Export Duties
The Making of Chinese Criminal Law The Preventive Shift in the Context of the Eighth Amendment
International Investment and Dispute Settlement Understanding the China–European Union Comprehensive Agreement on Investment
National Security Review of Foreign Investment A Comparative Legal Analysis of China, the United States and the European Union
The Power of the Supreme People's Court Reconceptualizing Judicial Power in Contemporary China
Conservation and Recreation in Protected Areas A Comparative Legal Analysis of Environmental Conflict Resolution in the United States and China
By Federico Pasini
January 09, 2023
Though recently improved, Chinese legislation on environmental permits is still weak and urgent measures are needed to help the country in moving towards an effective permitting system. This book examines this legislation gap and presents a contribution to solving China’s pollution problems. By ...
By Fengan Jiang
January 09, 2023
This book argues for a balanced approach to ‘greening’ the World Trade Organization (WTO) ban on China’s export duties without opening the floodgates to protectionism. As a result of the China—Raw Materials and China—Rare Earths decisions, China is largely prohibited from using export duties to ...
By Ying Ji
September 26, 2022
By examining the reasons behind the preventive criminalization of 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 ...
By Han Peng
August 01, 2022
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...
By Chunlei Zhao
June 17, 2022
This book analyzes the dispute settlement mechanisms under the EU-China Comprehensive Agreement on Investment (CAI), including the already established mechanisms for general state-to-state dispute settlement and the Mechanism to Address Differences for investment and sustainable development issues....
By Cheng Bian
April 07, 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 ...
By Richard Cullen
February 17, 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 ...
By Yuwen Li, Tong Qi, Cheng Bian
October 29, 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...
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 ...
By Brian Jones
March 20, 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 ...
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 ...
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 ...