China's Socialist Rule of Law Reforms Under Xi Jinping

ISBN-13: 9781138955738 / Angielski / Twarda / 2016 / 244 str.

John Garrick; Yan Chang Bennett

Opis

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."

Spis treści

Introduction: China’s Deepening Socialist Rule of Law Part I China’s Socialist Law Reform Agenda 1. Judicial Reform in China: An Overview 2. An Assessment Of Socialist Constitutional Supervision Models And Prospects For A Constitutional Supervision Committee In China: The Constitution As Commander? 3. China’s Socialist Rule Of Law: A Critical Appraisal Of The Relationship Between The Communist Party And Comprehensive Law Reform 4. Reform Directions for China’s Socialist Market Economy:　A Macroeconomic Perspective 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 7. Addressing Corruption and the Trial of Bo Xilai: Historical Continuities, Rule Of Law Implications 8. China’s Land Use and Urbanization:　Challenges for Comprehensive　Reform 9. Individual Rights Protection or Social Management? Equal Employment Laws And Policies In China 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 11. The Impact of Chinese Legal Reform on Wto Dispute Resolution 12. China’s Maritime Interests and the Law of the Sea: Domesticating Public International Law 13. Screening the ‘Dragon’s Gift’? National Security Review on China’s Foreign Direct Investment 14. Conclusion: China’s Socialist Rule of Law Reforms Under Xi Jinping