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  1. The politics of law and stability in China

    Cheltenham, UK : Edward Elgar, [2014]

    The Politics of Law and Stability in China examines the nexus between social stability and the law in contemporary China. It explores the impact of Chinese Communist Party's (CCP) rationales for social stability on legal reforms, criminal justice operations and handling of disputes and social unrest inside and outside China's justice agencies. The book presents an extensive investigation into the conceptual and empirical approaches by the Party-state to control Chinese citizens and to respond to what it sees as potentially de-stabilising social action such as public protest, discord, deviance and criminal behaviour. This timely and important study reaches across a broad variety of areas within the legal sphere, including substantive criminal law and criminal procedure law reform, labour law, environment and land disputes, policing and surveillance, and anti-corruption drives. The central thread running through all the chapters concerns how the imperative of social stability has underpinned key Party-state approaches to social management and responses to crime, legal disputes and social unrest across the last decade in China.

  2. Right, power, and faquanism : a practical legal theory from contemporary China

    Tong, Zhiwei, 1954-
    Leiden ; Boston : Brill, [2018]

    In Right, Power, and Faquanism, Tong Zhiwei proposes that right and power are ultimately a unified entity which can be named "faquan, " and that the purpose of law should be to establish a balanced faquan structure and to promote its preservation and proliferation. "Faquan" is thus a jurisprudential category reflecting the understanding of the unity of right and power. It has interest protected by the law and property with defined ownership as its content, and manifests itself as the external forms of jural right, freedom, liberty, jural power, public function, authority, competence, privilege, and immunity, etc. Faquanism relies mainly on six basic concepts (faquan, right, power, quan, residual quan and duty) to analyze the content of interests and property in all legal phenomena.

  3. Ruling before the law : the politics of legal regimes in China and Indonesia

    Hurst, William, 1975-
    Cambridge : Cambridge University Press, 2018.

    How do legal systems actually operate outside of Western European or North American liberal democracies? To understand law and legal institutions globally, we must go beyond asking if countries comply with idealized, yet under-theorized, rule of law principles to determine how they work in practice. Examining legal regimes across different areas of criminal and civil law in both urban and rural China and Indonesia during distinct periods from 1949 to the present, William Hurst offers a new way of understanding how cases are adjudicated (and with what implications) across authoritarian, developing, post-colonial, and newly democratizing settings. This is the first systematic comparative study of the world's largest Communist and majority-Muslim nations, and the most comprehensive scholarly work in many years on the micro-level workings of either the Chinese or Indonesian legal system at the grassroots, based on a decade of research and extensive fieldwork in multiple Indonesian and Chinese provinces.

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