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Chinese Contributions to International Discourse of Human Rights
This book discusses human rights law, focusing on Chinese contributions to international human rights viewed from a perspective of global governance. The original research presented here integrates a variety of research methods: inter-disciplinary approaches, historical and comparative methods, documentary research and so on. The research findings can be described briefly as follows: In global governance, the Universal Declaration of Human Rights (UDHR) serves as a historic cross-cultural heritage, while Pengchun Chang, the Chinese representative, made great contributions to the establishment of the international human rights system. After examining the characteristics of the Chinese discour...
Law and Social Solidarity in Contemporary China
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. It draws on Durkheim’s theoretical framework and methodology to develop a more comprehensive understanding of the role of law using theories of others such as Habermas and by taking into account the discussion of power and the conflicts of interests in analyzing key social features during transition. The analysis of social anomie in terms of the changes of juridical rules as well as the changes in the nature of social solidarity provides an inspiring perspective to look into contemporary social problems. The book will be essential reading for researchers and academics working in the areas of socio-legal studies, legal theory and law and society in China.
Research on the Laws of Contemporary China Volume 3
Just like the history of the PRC, the study of jurisprudence over the past 60 years since 1949 has prospered in hard times, developing steadily and making brilliant achievements with each passing day. The book describes in general terms China's jurisprudence research over the past 60 years, showing the status and evolution process of the new China's jurisprudence in various development stages, analyzing the background and reason for the formation and evolution of important theories in the course of studying jurisprudence. And, it analyzes how theoretical achievements have been manfiested in the development and growth of jurisprudence and these achievements' practical value. It is expected that the book help readers have a clear impression on the development path of China's jurisprudence, to learn the experience of researchers who have devoted their hard efforts and wisdoms to the development process of China's jurisprudence, and to experience the impulse of the "rule of law" era along with the destiny of the PRC. [Subject: Chinese Law]
Legal Thoughts between the East and the West in the Multilevel Legal Order
This book focuses on the interaction and mutual influences between the East and the West in terms of their legal systems and practices. In this regard, it highlights Professor Herbert H.P. Ma’s achievements and his efforts to bring Eastern and Western legal concepts and systems closer together. The book shows that, while there have been convergences between different legal regimes in many fields of law, diverse legal practices and approaches rooted in differing cultural, social, political and philosophical backgrounds do remain, and that these differences are not necessarily negative elements in the contemporary legal order. By examining different levels of the legal order, including domes...
The China Legal Development Yearbook, Volume 1
This first English volume of The China Legal Development Yearbook features reports on and analyses of a wide range of topics vital to the development of China's legal system, including: criminal law, judicial administration, labor regulations, environmental law, public health law, and issues of corruption. The yearbook is edited by the Institute of Law at the Chinese Academy of Social Sciences, and also includes contributions from practitioners within the Chinese legal system.
The Universalism of Human Rights
Is there universalism of human rights? If so, what are its scope and limits? This book is a doctrinal attempt to define universalism of human rights, as well as its scope and limits. The book presents tests of universalism on international, regional and national constitutional levels. It is maintained that universalism of human rights is both a ‘concept’ and a ‘normative reality’. The normative character of human rights is scrutinized through the study of international and regional agreements as well as national constitutions. As a consequence, limitations of normativity are identified, usually on the international level, and take the form of exceptions, reservations, and interpretations. The book is based on the General and National Reports which were originally presented at the 18th International Congress of the International Academy of Comparative Law in Washington D.C. 2010.
Report on Constitutional Enforcement and Constitutional Review in China
This report analyzes the operating mechanism of the constitutional enforcement and constitutional review system in China. From the perspective of comparative law, the implementation of the mechanism of constitutional review in China should not copy the experience in west countries, and the relevant departments and state organs should be comprehensively integrated to advance the supervision of the constitutional enforcement. This report also suggests the establishment of the Constitutional Council mechanism inside the NPC system. (Series: China Advanced Research and Analysis Series) [Subject: Constitutional Law, Comparative Law, Chinese Law]
Administrative Law Procedures and Remedies in China
This is the first book written in English to outline the procedural remedies available to an individual, legal persons and institutions against the State. It deals with both the judicial control of administrative law and the forms of redress available through administrative reconsideration. Addresses the key issue of the Chinese state's regulation under the law. Deals with the practical steps which must be taken when seeking redress. Includes coverage of state, administrative and criminal compensation.
Human Rights and Cultural Diversity
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