This insightful book investigates the historical, political, and legal foundations of the Chinese perspectives on the rule of law and the international rule of law. Building upon an understanding of the rule of law as an 'essentially contested concept', this book analyses the interactions between the development of the rule of law within China and the Chinese contribution to the international rule of law, more particularly in the areas of global trade and security governance.
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Law and Politics in the One-Party State
Selected Papers of The Jurist (法学家), Volume 5
Edited by Jichun Shi
Renmin Chinese Law Review, Volume 5 is the fifth work in a series of annual volumes on contemporary Chinese law which bring together the work of recognized scholars from China, offering a window on current legal research in China.
A Law and Economics Perspective
Edited by Stefan E. Weishaar, Niels Philipsen and Wenming Xu
With the Chinese government planning a comprehensive and detailed reform of regulatory law, the European experience is likely to contribute significantly. This timely book analyses comparative Chinese and EU regulatory reform from a Law and Economics perspective.
China and the Third Pole
Informed by international law, international relations and environment management scholarship, this interdisciplinary analysis of environmental regimes in Asian subregions proposes a new regime for the Himalayas and Tibetan Plateau based on China’s cooperation with its south Asian neighbors.
Selected Papers of The Jurist (法学家), Volume 4
Edited by Jichun Shi
Renmin Chinese Law Review, Volume 4 is the fourth work in a series of annual volumes on contemporary Chinese law, which bring together the work of recognized scholars from China, offering a window on current legal research in China.
An Empirical and Analytical Enquiry
Criminal reconciliation, a special procedure stipulated in PRC’s 2013 Criminal Procedure Law, allows the alleged perpetrators and victims of certain crimes to resolve criminal cases through reconciliation or mediation. Based on empirical studies on pilot practices of this mechanism in three cities in China, this book argues that criminal reconciliation enables abuses of power and infringement of the parties’ access to justice. This programme further throws light on certain fundamental problems with the wider criminal justice system.
The Regionalisation of Laws and Policy on Foreign Investment
Julien Chaisse and Sufian Jusoh
The International Investment regime is one of the fastest growing areas of international economic law which increasingly rely on large membership investment treaties such as the ASEAN comprehensive Investment Agreement. This book comprehensively examines the role of this specific agreement and situates it in the wider trend towards the regionalisation of laws and policy on foreign investment.
Risk, Regulation and Policy
This timely book investigates the dynamic causes, key forms, potential risks and changing regulation of shadow banking in China. Topics discussed include P2P lending, wealth management products, local government debts, and the underground lending market. Taking policy considerations into account, the author provides a comprehensive analysis of the regulatory instruments tackling the systemic risks in relation to China’s shadow banking sector. Central bank’s role, interest rate formation mechanism, exchange rate reform and further deepening reform of the regulatory regime and financial markets are also thoroughly discussed in the context of China’s continuing financial reform.
Zheng Sophia Tang, Yongping Xiao and Zhengxin Huo
The area of conflict of laws in China has undergone fundamental development in the past three decades and the most recent changes in the 2010s, regarding both jurisdiction and choice of law rules, mark the establishment of modern Chinese conflicts system. Jointly written by three professors from both China and the UK, this book provides the most up-to-date and comprehensive analysis of Chinese conflict of laws in civil and commercial matters. It takes into account the latest developments in legislation and judicial interpretation, case law and judicial practice, and historical, political and economic background, especially recognizing the scholarly contribution made by Chinese scholars to this field.
Globalization and the Politics of Institutional Reform in Japan illuminates Japan’s contemporary and historical struggle to adjust policy and the institutional architecture of government to an evolving global order. This focused and scholarly study identifies that key to this difficulty is a structural tendency towards central political command, which reduces the country’s capacity to follow a more subtle allocation of authority that ensures political leadership remains robust and non-dictatorial. The author argues that it is essential for a globalizing state to incorporate opposition parties and transgovernmental networks into policy-making processes. Providing an in-depth analysis of the theories of institutional change, this book introduces readers to a wealth of perspectives and counterarguments concerning analysis of political decision-making and policy adjustment on both the national and international scale.