Building the Rule of Law in China

Ideas, Praxis and Institutional Design
1. Auflage 2020
ISBN: 978-0-367-53443-1
Verlag: Taylor & Francis Ltd (Sales)

Buch, Englisch, 234 Seiten, Format (B × H): 156 mm x 234 mm, Gewicht: 336 g

Reihe: China Perspectives

After thirty years of Mao era (1949-1979) which was struggle-based, the Communist Party of China has begun to change its position as a pioneering revolutionary party, evolving into a universal ruling party that transcends class interests. Meanwhile, administrative and judicial reforms oriented toward a more efficient, serving government and the rule of law have been actively carried out.

As the earliest work on constructive jurisprudence of new proceduralism in China, this book elaborates on the ideological confrontation on the "direction of China". It includes academic debates on politics and law which the author has been involved in, and top-level institutional design in China. Besides, this book introduces, analyzes and evaluates the focus of Chinese contemporary jurisprudence, making some critical summarizing propositions on the practical experiences. A review of Western contemporary jurisprudence and the forefront of legal research is also covered, aiming to provide ideological resources for the rule of law in China.

Scholars and students in Chinese legal and social transformation studies will be attracted by this book. Furthermore, it will help different civilizations conduct rational dialogues on justice and order.

Zielgruppe

Postgraduate, Professional, and Undergraduate

Autoren/Hrsg.

Ji, Weidong

Fachgebiete

• Rechtswissenschaften Allgemeines Verfahrens-, Zivilprozess- und Insolvenzrecht Allgemeines Prozessrecht, Kostenrecht
• Rechtswissenschaften Öffentliches Recht Verwaltungsrecht Verwaltungspraxis

Inhaltsverzeichnis

List of illustrations. Preface to the English Translation. Preface to the First Chinese Edition Chapter 1 The Second Ideological Emancipation or a Utopia? Chapter 2 On the Innovation and Transplantation of Institutions and Its Self-organization Chapter 3 The Considerations and a Mistake of Critics Chapter 4 Organism and Liberty—The Paradox of Hayek's Rule of Law (A Discussion with Professor Deng Zhenglai about Spontaneous Oder) Chapter 5 The Wisdom and Prejudice of Carl Schmitt's Constitutional Theory Chapter 6 On Two Analytical Frameworks Provided for the Debate of Jurisprudence Chapter 7 Definite Uncertainties and the Grand Design of the Legal System in China Chapter 8 The Judicial Reform in China: The Status Quo and Future Directions Chapter 9 To Implement the Rule of Law through "The System of Three Kinds of Review" Chapter 10 Legal Mode of Social Transformation Chapter 11 Tradition and Innovation of Legal Order Chapter 12 Conditions for Modern Rule of Law Chapter 13 The Roots of Law and its Efficacy Chapter 14 Institutional Combinations between "Sollen" and "Actuality" Chapter 15 Efficiency-Seeking Jurisprudence Chapter 16 The Quantitative Analysis and Prediction of Changes in Law Chapter 17 The Rule of Private Law and Economic Development Chapter 18 Reflections on Relational Contract Theory Chapter 19 The Status and Role of Parties in Action Inside and Outside of Court Chapter 20 Law and Society Geared to the 21st Century¡ªReflections on the 31st Session of the Symposium of the Research Committee on the Sociology of Law of the International Sociological Association Epilogue to the Enlarged Chinese Edition. Index

Über Autor(innen)

Weidong Ji is Dean and Chair Professor of KoGuan Law School, Shanghai Jiao Tong University. His research interests include sociology of law, comparative law, constitutional law, judicial system, etc.