Legal Federalism in China

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Release : 2016
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Legal Federalism in China - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Legal Federalism in China write by Jinhua Cheng. This book was released on 2016. Legal Federalism in China available in PDF, EPUB and Kindle. This article intends to develop a thesis of “legal federalism, with the Chinese style” and test it with an empirical study on China's labor law. It makes the following argument: (1) subnational governments in China have a quite high level of autonomy in exercising legal powers (including legislative and judicial powers) and such legal autonomy is institutionally guaranteed to the extent that these governments (in particular provincial-level governments) appear to be a quasi-legal sovereignty, which makes China a system of legal federalism; (2) legal federalism in China is not only de facto but also de jure in a sense. Not only can such a system of legal federalism be empirically proved, but also it has significant impacts on daily protection of legal rights in different localities.

Aspects of Federalism in China

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Release : 2011
Genre : China
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Aspects of Federalism in China - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Aspects of Federalism in China write by Haiting Zhang. This book was released on 2011. Aspects of Federalism in China available in PDF, EPUB and Kindle.

De Facto Federalism in China

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Release : 2007
Genre : Political Science
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Book Rating : 801/5 ( reviews)

De Facto Federalism in China - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook De Facto Federalism in China write by Yongnian Zheng. This book was released on 2007. De Facto Federalism in China available in PDF, EPUB and Kindle. This book is the first attempt to conceptualize ChinaOCOs central-local relations from the behavioral perspective. Although China does not have a federalist system of government, the author believes that, with deepening reform and openness, ChinaOCOs central-local relations is increasingly functioning on federalist principles. Federalism as a functioning system in China is under studied. The author defines the political system existing in China as OC de facto federalismOCO, and provides a detailed analysis of its sources and dynamics in the book. The system is mainly driven by two related factors OCo inter-governmental decentralization and globalization. While economic decentralization since the 1980s has led to the formation of de facto federalism, globalization since the 1990s has accelerated this process and generated increasingly high pressure on the Chinese leadership to institutionalize de facto federalism by various measures of selective recentralization."

The Legal Maladies of 'Federalism, Chinese-Style'

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Release : 2017
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The Legal Maladies of 'Federalism, Chinese-Style' - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Legal Maladies of 'Federalism, Chinese-Style' write by Wei Cui. This book was released on 2017. The Legal Maladies of 'Federalism, Chinese-Style' available in PDF, EPUB and Kindle. In the study of Chinese law, the theme of “central-local relations” has rarely been the focus of theoretical, empirical, or even doctrinal analysis. Instead, scholars have privileged judicial institutions, general discourses about the rule of law, and their relations to authoritarianism as themes for inquiry. This is of course not unlike the study of legal systems elsewhere: the literatures on federalism and on the rule of law, while each vast in themselves, rarely overlap. In this chapter, I summarize arguments I make elsewhere that the allocation of power and responsibilities among different tiers of government has in fact had major influences on the rule of law in China. Specifically, extraordinary legislative centralization has resulted in a radical short supply of legal rules in virtually all areas of governance. Meanwhile, the extraordinary decentralization of policy implementation has directly reduced compliance with and enforcement of the laws, and indirectly undermined the development of legal institutions and the legal profession. The adverse consequences of legislative centralization and enforcement decentralization are also mutually reinforcing. Overall, these twin arrangements may have held back the development of the rule of law to a greater degree than even China's authoritarian government itself would like.

The Limits of the Rule of Law in China

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Release : 2015-05-01
Genre : History
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Book Rating : 894/5 ( reviews)

The Limits of the Rule of Law in China - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Limits of the Rule of Law in China write by Karen G. Turner. This book was released on 2015-05-01. The Limits of the Rule of Law in China available in PDF, EPUB and Kindle. In The Limits of the Rule of Law in China, fourteen authors from different academic disciplines reflect on questions that have troubled Chinese and Western scholars of jurisprudence since classical times. Using data from the early 19th century through the contemporary period, they analyze how tension between formal laws and discretionary judgment is discussed and manifested in the Chinese context. The contributions cover a wide range of topics, from interpreting the rationale for and legacy of Qing practices of collective punishment, confession at trial, and bureaucratic supervision to assessing the political and cultural forces that continue to limit the authority of formal legal institutions in the People’s Republic of China.