Under the direction of the Communist Party of China (CPC), key legal challenges have been identified which will shape the modernization of China’s legal and administrative institutions. An increasingly complex set of legal actors now seek to influence this development, including securities regulators, bankers, accountants, lawyers, local-level mediators and some of China’s newly rich. Whilst the rising middle class wants to voice its interests and concerns, the CPC strives to maintain its leading role. This book provides a critical appraisal of China’s deepening socialist rule of law and looks ahead to the implications of the domestic reforms for the international legal domain. With contributions from leading Chinese law specialists, it draws on specific illustrations from judicial reform, constitutional law, procedural law, anti-corruption, property law and urban development, socio-economic dispute resolution and Chinese macro-economics. The book questions how China’s domestic law reforms will impact international legal systems, and how international law can be used in managing key regional and bilateral relationships and in dispute resolution, such as in the South China Sea and international trade. Assessing the state and direction of domestic law reform and including debates around the legal implications of some of China’s most pressing foreign policy challenges today, this volume will be of huge interest to students, scholars and practitioners with an interest in Asia law, Chinese law, international law, comparative law and law reform.

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.

Legal Reform in the Contemporary Socialist World explores four decades of legal reform in the socialist countries of China, Vietnam, Laos, North Korea, and Cuba from a comparative perspective. Spanning the late 1970s to the present, it examines various projects, methods, strategies, contents, driving forces, and limitations of legislative reform, administrative reform, judicial reform, and reform of the legal profession. Legal reform in these countries is the project of the political elite to improve the legal system while retaining its core socialist principles. It is carried out through legislative enactments, amendments, and replacements, which the political elite adopt using incremental strategies to reform the legal system sporadically or systematically. Socialist legal reform is animated by the political aspiration to create the rule of law, the impact of social-economic change, and the influence of transnational and comparative law. Despite significant reforms, the socialist principles of the legal systems in these countries largely remain intact. This legal reform, however, varies considerably by country. Legal Reform in the Contemporary Socialist World offers a holistic view of understudied jurisdictions in comparative law, essential for anyone studying or working in these areas in law, politics, or policy.

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.

The Oxford Handbook of Law and Anthropology is a ground-breaking collection of essays that provides an original and internationally framed conception of the historical, theoretical, and ethnographic interconnections of law and anthropology. Each of the chapters in the Handbook provides a survey of the current state of scholarly debate and an argument about the future direction of research in this dynamic and interdisciplinary field. The structure of the Handbook is animated by an overarching collective narrative about how law and anthropology have and should relate to each other as intersecting domains of inquiry that address such fundamental questions as dispute resolution, normative ordering, social organization, and legal, political, and social identity. The need for such a comprehensive project has become even more pressing as lawyers and anthropologists work together in an ever-increasing number of areas, including immigration and asylum processes, international justice forums, cultural heritage certification and monitoring, and the writing of new national constitutions, among many others. The Handbook takes critical stock of these various points of intersection in order to identify and conceptualize the most promising areas of innovation and sociolegal relevance, as well as to acknowledge the points of tension, open questions, and areas for future development.

A critical evaluation of the latest reform in Chinese law that engages legal scholarship with research of Chinese legal historians.

The Shenzhen Phenomenon is a comprehensive and systematic study about how Shenzhen, the world’s fastest growing city, has developed into an international metropolis from scratch within 40 years. It unravels the decision and policy making, planning, design, and development processes that have enabled the city’s rapid growth, and associated problems and paradoxes. It also reveals the politics and power that have propelled this experimental city to spearhead Deng Xiaoping’s ‘reform and opening-up’ agenda, which has made the city and remade the nation. This book demystifies several long-held misperceptions through identifying Shenzhen’s rise as an opportunity deriving from a crisis, as a product of both grassroots ingenuity and top vision, and as both a planned city and an unplanned city. Produced on the 40th anniversary of Shenzhen, this timely volume not only offers a comprehensive and systematic chronicle of the city, but also opens a window to understand China’s new city making and urbanisation. It will be of interest to academics, students and practitioners in the field of urban and Chinese studies, as well as urban planning and design.

An authoritative account of Xi Jinping's worldview and how it drives Chinese behaviour both domestically and on the world stage. In his new book, On Xi Jinping, former Australian Prime Minister Kevin Rudd provides an authoritative account of the ideological worldview driving Chinese behaviour both domestically and on the world stage--that of President Xi Jinping, who now hold near-total control over the Chinese Communist Party and is now, in effect, president-for-life. Rudd argues that Xi's worldview differs significantly from those of the leaders who preceded him, and that this ideological shift is reflected in the real world of Chinese policy and behaviour. Focusing on China's domestic politics, political economy, and foreign policy, Rudd characterises Xi Jinping's ideological framing of the world as "Marxist-Leninist nationalism." According to Rudd, Xi's notion of Leninism has taken the party and Chinese politics further to the left in comparison to his predecessors. Also, his Marxism has also taken Chinese economic thinking to the left-in a more decisively more statist direction and away from the historical dynamism of the private sector. However, Chinese nationalism under Xi has moved further to the right- towards a much, harder-edged, foreign policy vision of China and a new determination to change the international status quo. Xi's worldview is an integrated one, where his national ideological vision for China's future is ultimately inseparable from his view on China's position in the region and the world. These changes in worldview are also reflected in Xi's broader rehabilitation of the concept of "struggle" as a legitimate concept for the conduct of both Chinese domestic and foreign policy--a struggle that need not necessarily always be peaceful. Finally, Xi's ideological worldview also exhibits a new level of nationalist self-confidence about China's future--derived from China's historical and civilizational strengths but reinforced by his Marxist-Leninist concept of historical determinism and the belief that the tides of history are now on firmly China's side. A powerful analysis of the worldview of arguably the most consequential world leader of our era, this will be essential reading for anyone interested in how Xi is transforming both China and the international order, and, most importantly, why?

Explores how China's divorce courts have generally done less to protect abused women than to empower and enable their abusers.