Chinese Lawmaking From Non Communicative To Communicative
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Chinese Lawmaking From Non Communicative To Communicative
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Author : Peng He
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-09-30
Chinese Lawmaking From Non Communicative To Communicative written by Peng He and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-30 with Law categories.
Dr Peng He in her book addresses various issues, drawing on Western and Chinese sources for her argument for a ‘communicative’ theory of law making. This book is both timely and important in the Chinese context. Her argument depends upon the insight that what is important in societies is not just representative democracy but ‘voice’ - the opportunity for individuals to be heard and bring their input into official systems. More than that, she argues that this can also take further the idea of living by the rules as something that is not to be seen as narrow Legalism but as something more akin to living ‘righteously’ – a view which is resonant with parts of Chinese legal thought. This book is also important in the present Chinese context in another way. The developing economy necessitates substantial legal reform. But applying Western models to China can often be naïve and not fully fulfil their intended purpose. Peng He’s work addresses this by looking at the process of legislation in connection with legal reform. It is grounded in a sound theoretical reflection of both the process of legal transplantation and the process of law making, and looks both at Western and Chinese sources. Such an approach needs to draw from several intellectual traditions and it is this interdisciplinary, foundational research that is the task Dr He has set herself in her project. Her theory will provide an abstract theoretical framework that is sensitive to local conditions, while at the same time incorporating insights on law reform from a broad range of disciplines. Her research is of direct practical relevance for reforming the legislative process in China. ——Professor Zenon Bańkowski The University of Edinburgh
China S Foreign Investment Law In The New Normal
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Author : Shen Wei
language : en
Publisher: Taylor & Francis
Release Date : 2022-12-29
China S Foreign Investment Law In The New Normal written by Shen Wei and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-29 with Business & Economics categories.
This book analyzes China's new foreign investment law which came into force in January 2020. The new law implemented sweeping changes and overhauled China’s foreign investment law regime of the last four decades. The foreign investment law aims to make the business environment more investor-friendly and address some of the contentious issues between US and China in the ongoing trade war. The book explains how the law enhances regulatory transparency. It also outlines the new approval process, that is the pre-establishment negative list system which has replaced the former approval system for foreign investment projects. The book also analyzes China's series of anti-sanction laws. This book will help give readers a better understanding of major changes and benefits under the new law and will be the first of its kind looking at the implications of this important law.
China And Eu
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Author : Jing Men
language : en
Publisher: Taylor & Francis
Release Date : 2017-05-12
China And Eu written by Jing Men and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-12 with Social Science categories.
Reform and governance are of vital interest to both the People’s Republic of China and the European Union (EU). China is facing demographic and environmental challenges and has been experiencing a rapid economic transition. The social tensions arising from these challenges call for a governance system that will allow the Chinese leadership to alleviate social tensions without putting at risk their leadership. A society which is becoming more diverse and facing problems of a global scale that also cause turmoil at the grass roots may be difficult to govern top-down. Notwithstanding the Communist Party of China’s (CPC) grip on Chinese society, there may be ways to integrate public opinion and civil society organisations in governmental decision-making through reforms that do not challenge the current leadership. The EU, on the other hand, faces the same global challenges with a very different and complex governance system. EU foreign and security policy, thus including EU policy towards China, are governed by the EU’s foreign policy principles, which contain, among others, the promotion of democracy, the rule of law and the universality and indivisibility of human rights and fundamental freedoms. How successful can the EU be in advancing these principles when engaging with China, while respecting the Chinese political system? How can the EU and China find common grounds in their governance systems so as to enhance their strategic partnership in order to tackle global issues that need a coordinated approach?
Chinese Law
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Author : Deborah Cao
language : en
Publisher: Routledge
Release Date : 2017-03-02
Chinese Law written by Deborah Cao and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-02 with Law categories.
Studying Chinese law from a linguistic and communicative perspective, this book examines meaning and language in Chinese law. It investigates key notions and concepts of law, the rule of law, and rights and their evolutionary meanings. It examines the linguistic usage and textual features in Chinese legal texts and legal translation, and probes the lawmaking process and the Constitution as speech act and communicative action. Taking a cross-cultural approach, the book applies major Western philosophical thought to Chinese law, in particular the ideas concerning language and communication by such major thinkers as Peirce, Whorf, Gadamer, Habermas, Austin and Searle. The focus of the study is contemporary People's Republic of China; however, the study also traces and links the inherited and introduced cultural and linguistic values and configurations that provide the context in which modern Chinese law operates.
Experimental Legislation In China Between Efficiency And Legality
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Author : Madeleine Martinek
language : en
Publisher: Springer
Release Date : 2018-05-21
Experimental Legislation In China Between Efficiency And Legality written by Madeleine Martinek and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-21 with Law categories.
This book analyzes the benefits of and legal concerns in connection with the delegated legislation of the Shenzhen Special Economic Zone as a prime example of experimental legislation in Chinese law. It offers solutions for improving the legal design of experimental regulations in Special Economic Zones by striking a balance between the pursuit of rapid socio-economic progress on the one hand, and the increasing need and will to govern by the rule of law on the other. The book offers a valuable guide for the academic community and legal practitioners, as well as students eager to gain insights into Chinese constitutional law and the conflict between legality and achieving reforms.
Chinese Perspectives On The International Rule Of Law
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Author : Matthieu Burnay
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-07-27
Chinese Perspectives On The International Rule Of Law written by Matthieu Burnay and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-27 with Law categories.
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.
Handbook Of Parliamentary Studies
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Author : Cyril Benoît
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-11-27
Handbook Of Parliamentary Studies written by Cyril Benoît and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-27 with Law categories.
This comprehensive Handbook takes a multidisciplinary approach to the study of parliaments, offering novel insights into the key aspects of legislatures, legislative institutions and legislative politics. Connecting rich and diverse fields of inquiry, it illuminates how the study of parliaments has shaped a wider understanding surrounding politics and society over the past decades.
Regulating Land And Pollution In China
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Author : Benjamin van Rooij
language : en
Publisher: Amsterdam University Press
Release Date : 2006
Regulating Land And Pollution In China written by Benjamin van Rooij and has been published by Amsterdam University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
Annotation. Many of China's rivers and lakes are strongly polluted, the air in cities is amongst the worst in the world, while some have warned that if the country is not careful it may soon have insufficient arable land to feed its population. This book looks at why the protection of natural resources through stricter legislation and more stringent law enforcement has been so difficult. It does so through a combination of a local case with comparative and theoretical insights about lawmaking, compliance and enforcement. It offers a unique view on how law functions in the world's largest legal system, and how such law interacts with the social, economic and political circumstances at hand. This book offers an incomparable body of empirical and theoretical knowledge for those interested in how law functions in China, as well as those interested in the workings of regulatory lawmaking, compliance, and enforcement in a comparative perspective. This title can be previewed in Google Books - http://books.google.com/books?vid=ISBN9789087280130.
Habermas Foucault And The Political Legal Discussions In China
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Author : Fan Yang
language : en
Publisher: Springer Nature
Release Date : 2022-03-10
Habermas Foucault And The Political Legal Discussions In China written by Fan Yang and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-03-10 with Law categories.
This book revisits the discourse theories of Habermas and Foucault in a Chinese context. After arguing that Habermas’s Discourse Theory of Law and Democracy is too normative and idealistic, it presents Foucault’s Discourse Theory of Power Relations to illustrate the tensions between different Western discourse theories. The book then draws on the normative concept of Confucian Rationality from traditional Chinese cultural sources in order to investigate how adaptable these two discourse theories are to the Chinese society, and to balance the tension between them. Presenting these three dimensions of discourse theory, as well as the relations between them, it also uses empirical descriptions of certain facts of political-legal discussion both in traditional China and in the country’s new media age to explain, supplement and question this theoretic framework. The book asserts that, because of the diverse modes of thinking in specific cultures, there might be different normative paradigms of discorse and different political-legal discussion modes across corresponding cultural contexts. Normative discourse theories provide guidance for the practices of deliberative democracy and legal discussions, which can in turn verify, supplement, improve and challenge the normative discourse theories. In addition to demonstrating the multiple dimensions of discourse theories, this research also promotes an approach to the Discourse Theory of Law and Democracy that combines elements of both Chinese and modern society.
Saving God S Face
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Author : Jackson Wu
language : en
Publisher: WCIU Press
Release Date : 2013-04
Saving God S Face written by Jackson Wu and has been published by WCIU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-04 with Religion categories.
Years ago, the author had a startling realization. Theologians and pastors have long taught on the glory of God and its central importance in the Bible. However, because he was living in East Asia, it also dawned on the author that this sort of talk about God's glory, praising Him, and magnifying His name was simply another way of talking about honor and shame. When the author looked at most theology and ministry-related books, he found that honor and shame seemed to be treated differently. Anthropologists talked about honor-shame, but theologians largely focused more on legal metaphors. The author could see both themes in Scripture but couldn't find help as to how to bring them together. This study was developed in order to address this gap and bring those themes together. Sign up for the WCIU Press newsletter to be notified about new books from this author and more! http: //eepurl.com/rB15L