Synopses & Reviews
Chinas legal system is vast and complex, making scholarship on the subject difficult to obtain. This book offers a comprehensive look at the system including how it works in practice, theoretical and historical underpinnings, and how it might evolve. The beginning sections explain the Communist Partys utilitarian approach to law: rule by law and the Confucian and Legalist views on morality, law and punishment as well as the influence such traditional Chinese thinking has on contemporary Chinese law. Subsequent sections focus on the roles of key players (including judges, prosecutors, lawyers, and legal academics) in the Chinese legal system and provide case studies in civil, criminal, administrative, and international law with the conclusion comparing Chinas fundamental governing and legal principles with those of the United States, in such areas as checks and balances, separation of powers, and due process.
-Uses extensive legal materials and historical documents generally unavailable to Western based academics
-Analyzes legal issues from historical and cultural perspectives holistically
-Offers the most up-to-date overview in the field
Synopsis
China's legal system is vast and complex, and robust scholarship on the subject is difficult to obtain. Inside China's Legal System provides readers with a comprehensive look at the system including how it works in practice, theoretical and historical underpinnings, and how it might evolve. The first section of the book explains the Communist Party's utilitarian approach to law: rule by law. The second section discusses Confucian and Legalist views on morality, law and punishment, and the influence such traditional Chinese thinking has on contemporary Chinese law. The third section focuses on the roles of key players (including judges, prosecutors, lawyers, and legal academics) in the Chinese legal system. The fourth section offers Chinese legal case studies in civil, criminal, administrative, and international law. The book concludes with a comparison of China's fundamental governing and legal principles with those of the United States, in such areas as checks and balances, separation of powers, and due process.
- Uses extensive legal materials and historical documents generally unavailable to Western based academics
- Gives insider knowledge, including first-hand experience teaching law, and close involvement with judges, attorneys, and law professors in China
- Analyses legal issues from historical and cultural perspectives holistically
Synopsis
Summary: - uses extensive legal materials and historical documents generally unavailable to Western based academics - gives insider knowledge, including first-hand experience teaching law, and close involvement with judges, attorneys, and law professors in China - analyses legal issues from historical and cultural perspectives holistically - compares Chinese and American legal systems - gives the most up-to-date overview available in the field China's legal system is vast and complex, and robust scholarship on the subject is difficult to obtain. Inside China's Legal System provides readers with a comprehensive look at the system including how it works in practice, theoretical and historical underpinnings, and how it might evolve. The first section of the book explains the Communist Party's utilitarian approach to law: rule by law. The second section discusses Confucian and Legalist views on morality, law and punishment, and the influence such traditional Chinese thinking has on contemporary Chinese law. The third section focuses on the roles of key players (including judges, prosecutors, lawyers, and legal academics) in the Chinese legal system. The fourth section offers Chinese legal case studies in civil, criminal, administrative, and international law. The book concludes with a comparison of China's fundamental governing and legal principles with those of the United States, in such areas as checks and balances, separation of powers, and due process. About the authors: Chang Wang is associate professor of law at College of Comparative Law, China University of Political Science and Law in Beijing, as well as Chief Research and Academic Officer for China for Thomson Reuters. He also serves as adjunct professor of law at the University of Minnesota Law School and William Mitchell College of Law in the United States, guest professor of law at the University of Lucerne Faculty of Law in Switzerland, and Guest Lecturer on American Law and Culture at Beijing Royal School in China. Chang holds a B.F.A. in Filmmaking from Beijing Film Academy, an M.A. in Comparative Literature and Comparative Cultural Studies from Peking (Beijing) University, an M.A. in American Art History from University of Illinois at Urbana-Champaign, and a Juris Doctor from the University of Minnesota Law School. Chang has been admitted into law practice in Minnesota, the District of Columbia, and federal courts. He has published a book on comparative cultural studies and more than 100 academic articles on law, critical theory, and art history. Nathan H. Madson is an attorney living in St. Paul, Minnesota. He has an extensive background in international and domestic human rights, working and volunteering with such organizations as the Queer Legal Aid Society, The Center for Victims of Torture, The Advocates for Human Rights, OutFront Minnesota, and the U.S. Committee for Refugees and Immigrants. Nathan has guest lectured on Chinese law and Chinese ethnic minorities at the University of Minnesota Law School and the William Mitchell College of Law, USA. In addition, his research includes non-normative methods of legal and public policy reform. Nathan received his B.A. in International Affairs from The George Washington University and his Juris Doctor from the University of Minnesota Law School, USA. He has been admitted into law practice in Minnesota. Contents: Introduction: justice with a Chinese face PART 1 HISTORICAL VIEWS Philosophical underpinnings of the Chinese legal system China and the Western influence PART 2 THE PLAYERS The judiciary The police The lawyers PART 3 CASE STUDIES Civil laws and civil cases Criminal laws and criminal cases The curious case of Ai Weiwei and administrative law PART 4 CONCLUSION Afterword
About the Author
Chang Wang is Associate Professor of Law at College of Comparative Law, China University of Political Science and Law in Beijing, Chief Research and Academic Officer for China for Thomson Reuters, Adjunct Professor of Law at the University of Minnesota Law School and William Mitchell College of Law in Minnesota, Guest Professor of Law at the University of Lucerne Faculty of Law in Switzerland, and Guest Lecturer on American Law and Culture at Beijing Royal School in China. He has been admitted into law practice in Minnesota, the District of Columbia, and federal courts.
Nathan H. Madson is an attorney living in St. Paul, Minnesota. He has an extensive background in international and domestic human rights, working for and volunteering with such organizations as the Queer Legal Aid Society, The Center for Victims of Torture, The Advocates for Human Rights, OutFront Minnesota, and the U.S. Committee for Refugees and Immigrants. He has guest lectured on Chinese law and Chinese ethnic minorities at the University of Minnesota Law School and the William Mitchell College of Law, Minnesota. In addition, his research includes non-normative methods of legal and public policy reform.
Table of Contents
Introduction: Justice with a Chinese face
Part 1 Rule by law vs. rule of law: The party; Socialist legal system; Legal, illegal, and extralegal
Part 2 Historic views: Confucianism; Legalism; Law and punishment in Imperial China; Extraterritoriality; Hidden rules of Chinese society; The introduction of “Mr. Democracy”; Revolutions and their legacies
Part 3 The players: Party officials; Judges; Prosecutors; Law enforcement officers; Lawyers; Legal academics; Right activists
Part 4 Case studies: Petition; Civil law; Criminal law; Administrative law; International law
Part 5 Comparative studies: Checks and balances; Separation of powers; Due process; Equal protection; Freedom of speech; Freedom of religion. Conclusion: From 1989 to 1984