Human Rights In China In The Context Of The Rule Of Law
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China S Struggle For The Rule Of Law
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Author : Ronald C. Keith
language : en
Publisher: Springer
Release Date : 2016-07-27
China S Struggle For The Rule Of Law written by Ronald C. Keith and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-27 with Political Science categories.
The 'rule of law' is more than the mere existence and application of law within the sphere of state activity. Contemporary Chinese debate on the 'rule of law' underlines the limiting of arbitrary government, the materialisation of 'human rights', legal protection of 'rights and interests' and the principle of equality in the impartial legal mediation of conflicts within society's 'structure of interests'. Based upon China interviews and a comprehensive survey of the domestic press and Chinese-language legal journal materials, this book places pre- and post-Tiananmen Square legal reform in political context. The evolving contents of specific laws across the departments of constitutional, administrative, criminal, civil and economic law are assessed in light of the politics and intellectual dynamic of China's legal circles in their struggle to create a 'rule of law'.
Human Rights In China In The Context Of The Rule Of Law
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Author : United States. Congressional-Executive Commission on China
language : en
Publisher:
Release Date : 2002
Human Rights In China In The Context Of The Rule Of Law written by United States. Congressional-Executive Commission on China and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with China categories.
Human Rights Protection System In China
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Author : Pinghua Sun
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-09-18
Human Rights Protection System In China written by Pinghua Sun 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 2013-09-18 with Law categories.
In recent years, more and more scholars in the world feel interested in the topic of human right protection status in China. This book hopes to serve as a window through which its readers will have a better understanding of theory and practice of human rights protection in the Chinese context. The book systematically introduces the dynamic development and progress of human rights protection in China, attaching great importance to the first white paper on Human Rights in China, “The state respects and guarantees human rights” included in the Constitution, National Human Rights Action Plan of China, and then putting forth fundamental principles to achieve international human rights standards and specific measures to improve human rights protection standards in China. Then the book further discusses “Foundations of Human Rights Guarantee in Contemporary China”, “Human Rights, Culture and Their Reconstruction in the Chinese Context” and “Socialist Legal System with Chinese Characteristics”. Then, a final chapter is dedicated to the topic of “Judicial Protection System of Human Rights in China”. In appendices, four important documents on human rights in China, as well as a list of the author’s major articles and works in the past 10 years are provided.
China And International Human Rights
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Author : Na Jiang
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-12-12
China And International Human Rights written by Na Jiang 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 2013-12-12 with Law categories.
This book is designed to introduce law students, legal actors and human rights activists, particularly participants in human rights dialogues with China, to the process and reality of a newly confident China’s participation in the international human rights system, albeit with inherent challenges. From an international and comparative perspective, one of the key findings of the author's research is that progress towards human rights depends more on judges than on legislators. Chinese legislators have enacted a series of reforms in order to better protect human rights. Unfortunately, these reforms have not led to greater adherence to China’s international human rights obligations in practice. The reforms failed because they have generally been misunderstood by Chinese judges, who often have a limited understanding of international human rights norms. Specifically, this book will examine how judicial misunderstandings have blocked reforms in one specific area, the use of severe punishments, based on international human rights theory and case studies and data analyses. This examination has several purposes. The first is to suggest that China ratify the ICCPR as the next step for its substantive progress in human rights and as a good preparation for its re-applying to be a member of the UN Human Right Council in the future. The second is to explain how judges could be better educated in international human rights norms so as to greatly reduce the use of severe punishments and better comply with China's human rights obligations. The third is to demonstrate how the international community could better engage with China in a manner that is more conducive to human rights improvements. The author's ultimate goal is to enhance dialogue on human rights in China between judges and the Chinese government, between Chinese judges and their foreign counterparts and between China's government and the international community. Another significant aim of this book is to clarify the controversial question of what obligations China should undertake before its ratification of the ICCPR and to re-examine trends in its developing human rights policy after standing down from the Council in late 2012. The tortuous progress of China’s criminal law and criminal justice reforms has confirmed that Chinese judges need further instruction on how to apply severe punishments in a manner consistent with international standards. Judges should be encouraged to exercise more discretion when sentencing so that penalties reflect the intent of relevant domestic laws as well as the international human rights standards enumerated in the ICCPR. In order to better educate and train judges, this book contains introductory chapters that examine the severe punishments currently available to Chinese judges from an international human rights perspective. To illustrate how Chinese justice currently falls short of international norms, this paper also examines several cases that are considered to be indicative of China’s progress towards greater respect for human rights and the rule of law. These cases demonstrate that China still has a long way to go to achieve its goals, at least before abolishing the death penalty, forced labor and torture.
Human Rights And Good Governance
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Author : Wei Zhang
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2016-03-17
Human Rights And Good Governance written by Wei Zhang and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-17 with Law categories.
The first volume of Chinese Perspectives on Human Rights and Good Governance collects research articles regarding human rights, good governance, rule of law and Constitutionalism in China.
China S National Security
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Author : Cora Chan
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-03-05
China S National Security written by Cora Chan and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-05 with Law categories.
All states are challenged by the need to protect national security while maintaining the rule of law, but the issue is particularly complex in the China–Hong Kong context. This timely and important book explores how China conceives of its national security and the position of Hong Kong. It considers the risks of introducing national security legislation in Hong Kong, and Hong Kong's sources of resilience against encroachments on its rule of law that may come under the guise of national security. It points to what may be needed to maintain Hong Kong's rule of law once China's 50-year commitment to its autonomy ends in 2047. The contributors to this book include world-renowned scholars in comparative public law and national security law. The collection covers a variety of disciplines and jurisdictions, and both scholarly and practical perspectives to present a forward-looking analysis on the rule of law in Hong Kong. It illustrates how Hong Kong may succeed in resisting pressure to advance China's security interests through repressive law. Given China's growing international stature, the book's reflections on China's approach to security have much to tell us about its potential impact on the global political, security, and economic order.
Rule Of Law In China Progress And Problems
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Author : Lin Li
language : en
Publisher: World Scientific
Release Date : 2020-04-28
Rule Of Law In China Progress And Problems written by Lin Li and has been published by World Scientific this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-28 with Law categories.
This book comprehensively introduces the development of rule of law and law-based governance in China. Through theoretical interpretation, background analysis and empirical analysis of several key issues, this book answers why and how China promotes its rule of law and how the country identifies major challenges of promoting rule of law. It also looks at how China solves its problems in the process of practicing socialist rule of law.
China S Legal Reform
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Author : Keyuan Zou
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2006
China S Legal Reform written by Keyuan Zou and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
China's entry into the World Trade Organization (WTO) has had a tremendous impact on the development and reform of China's legal system. This book focuses on the developments of China's legal system as well as its reform in the context of globalization. It covers various topics, including constitutional changes, law-based administration, and more.
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.
Human Rights In China
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Author : Lee R. Massingdale
language : en
Publisher:
Release Date : 2009
Human Rights In China written by Lee R. Massingdale and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with China categories.
In the past two decades, human rights has been a principal area of U.S. concern regarding the People's Republic of China (PRC), along with security and bilateral trade. Some U.S. leaders argue that U.S. policies of engagement with China, particularly since granting the PRC normal trade relations status in 2000, have helped to accelerate economic and social change and build social and legal foundations for human rights progress in the PRC. Others contend that U.S. engagement has failed not only to produce meaningful political reform but also to set any real change in motion. This book analyses China's mixed human rights record of the past several years -- major human rights problems, new human rights legislation, and the development of civil society, legal awareness, and social activism.