Chapter 1 Towards an Era of Respect for Rights and Balance of Power
1. Horizontal allocation of state power
2. Vertical allocation of state power
3. Handling and coordinating horizontal relations between different regions and those between local governments
4. Respecting and safeguarding constitutional rights, especially human
rights
r 2 034
Chapter 2 Between Economic Rights and Market Regulation
1. Civil Law
2. Commercial Law
Chapter 3 Chinas Criminal Law in the Last Decade 101
1. Progress and development of Chinas criminal law in the last decade
2. Conclusion
Chapter 4 Procedural Democracy and Visible Justice
1. The criminal procedural law
2. The civil procedural law
Chapter 5 From the Planned Economy to the Mechanism of
Market and Regulation
1. Trade law
2. Competition laws
3. Banking law
4. Tax law
5. Product quality law
6. Law of the PRC on Protection of Consumer Rights and Interests Chapter 6 238
Chapter 6 A Balance Between Administrative Effciency and Administration Power Control
1. Administrative Licence Law of the PRC in 2003
2. Civil Servant Law of the PRC in 2005
3. Regulation of the PRC on the Disclosure of Government Information in 2007
4. State Compensation Law of the PRC revised in 2010 and in 20125. The Law of the Peoples Republic of China on Administrative Supervision Revised in 2010
6. Administrative Compulsion Law of the PRC in 2011
7. The Regulation on the Expropriation of Buildings on State-owned Land
and Compensation in 2011
8. ConclusionChapter 7 292
Chapter 7 Towards a Security System of Human Rights and
Social Rights
1. Chinas labor law system2. Chinas social security law
Chapter 8 New Perspectives on the Rule of Law
1. System improvement： highlighting the central administrative power
attribute of judicial power
2. Internal judicial mechanism： abide by internal laws of the operation of judicial power
3. Judicial independence： comply with the internal logic of judicial justice
4. Democracy： bridge the distance between judicial technicality and affnity
to people
5. Publicity： construct the open and transparent sunshine judicial mechanism
6. Demonstrate the national attributes of judicial discretionary power
7. Subject and integrity： stick to the internal quality of judges
內容試閱：
This book was begun in 2004, two years after I completed the first of my overseas comparative studies at the University of Pennsylvania. The original intention was to write a single book on Chinas legal system, spanning the period between the countrys accession to the WTO and the present day. It soon became clear, however, that the topic was too broad for just one book. Moreover, the upcoming legal reforms in China after its entry into the WTO needed time to become established. So the writing of this book was stalled for a few years. For 10 years after that, we witnessed remarkably rapid marketization and urbanization and a host of accompanying legislation. During these years, I wrote and published articles on various aspects of the Chinese legal system that were most important to the lives of the common people, as well as the private sector in the economy.
As David Kennedy wrote in his well-known article The Mystery of Global Governance" that it can feel like a project of the utmost seriousness and urgency to interpret the world in constitutional terms, We were very much struck by the extent to which mainstream Chinese legal thinking has internalized Western modernism and become used to Western legal terminologies centering on the core value of the Western legal system, such as rule by law, constitutionalism and freedom of trade. In line with the profound reforms in legal thinking, we can also see that the legal framework governing civil and economic transactions has long been incomplete and extremely difficult to handle. More comprehensive structures have been put in place in recent years and a relatively complete system of laws and regulations governing almost every aspect of modern society in the 21st century has been built up. However, problems arising out of inconsistencies, unclear rules and legislative gaps continue to exist, as will be shown in the chapters of this book.
The specific topics covered in this book centering on Chinas ongoing market oriented legal reform are very far from making up a complete picture of Chinas legal system. The latter remains a rapidly expanding and changing story as the economy, political system and society become ever more complex and multifaceted. This book provides a structured and up-to-date introduction to the Chinese legal system and investigates how the current governments has used the law and other forms of regulation to govern or address the topics, issues and disputes. It should be noted that the book focuses mainly on legal system in Chinas mainland; areas including Hong Kong, Macau and Taiwan are part of China, but they have a different legal system, so they are not covered in the book.
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