1 option
Law and justice in China's new marketplace / Ronald C. Keith and Zhiqiu Lin.
- Format:
- Book
- Author/Creator:
- Keith, Ronald C.
- Language:
- English
- Subjects (All):
- Law reform--China.
- Law reform.
- China.
- Justice, Administration of--China.
- Justice, Administration of.
- Capitalism--China.
- Capitalism.
- Physical Description:
- xi, 315 pages ; 23 cm
- Place of Publication:
- Houndsmills, Basingstoke, Hampshire ; New York : Palgrave, 2001.
- Summary:
- "Law and Justice in China's New Market Place provides the first comprehensive multidisciplinary analysis of the jurisprudence and related law underlying the contemporary Chinese transition to the "socialist market economy." New "pluralized jurisprudence" has moved beyond Marxist class analysis to consider a new balance of values relating to economic efficiency and social justice in the marketplace, and yet the interior debates and perspectives concerning these values are virtually unknown in the Western scholarly literature. By analyzing the changing Chinese approach in law to the adjustment of social interests in the context of profound economic change, This book provides a unique reference tool. It outlines the new vocabulary of market jurisprudence and law and examines new legal thinking on rights protection with reference to widely ranging and often hot internal debate over human rights, property, law, and procedural or judicial justice.
- Contents:
- 1 Pluralized Jurisprudence in the Socialist Market 1
- The 'value problem' problem in market jurisprudence 8
- 'Running the country according to law and establishing a socialist rule-of-law country' 27
- Judicial justice in the new marketplace 39
- 2 The 'Special Grouping' of the Human Rights of Women, Children, Handicapped and Elderly 49
- The new salience of 'rights and interests' 53
- Social and legal guarantees and the changing role of the state 57
- 'Internationalization' and the 'special grouping' of rights 61
- The handicapped in the 'special grouping' of rights 66
- The rights and interests of women and children 68
- The law of protecting the rights and interests of the elderly 86
- 3 Justice and Efficiency in Contractual Labour Relations 93
- Labour law in the 'socialist market' 102
- Assessing the shift to contract labour 109
- The trade union's role in the new era of collective agreement 119
- Social justice and the labour dispute settlement system 125
- Justice and equality in the scope of the 1994 Labour Law 131
- 4 Sorting Out Property and Ownership Rights in Law 138
- Property versus ownership rights in the state's relation to state enterprise 143
- Efficiency and justice in the reform of township enterprise 159
- New perspectives on private ownership and property 169
- 5 Balancing Society and the Individual in Judicial Justice 178
- The balance of interests in the revised CPL 188
- The changing substantive principles of Chinese criminal law 202
- Law and 'economic crime' in the marketplace 214
- The balance of values in the 1997 Criminal Law 222
- The redefined purposes of the 1997 Criminal Law 226
- 6 The Law and the Market at the Crossroads of Justice and Efficiency 232
- The main features of 'pluralized jurisprudence' 233
- The readjustment of interests 236.
- Notes:
- Includes bibliographical references (pages 299-307) and index.
- ISBN:
- 0333770900
- OCLC:
- 44131777
The Penn Libraries is committed to describing library materials using current, accurate, and responsible language. If you discover outdated or inaccurate language, please fill out this feedback form to report it and suggest alternative language.