Study of Chinese constitutional culture / Xiaofeng Chen ; translated by Min Wu.

Format:

Book

Author/Creator:

Chen, Xiaofeng, 1955- author.

Contributor:

Wu, Min, translator.

Series:

China law & society library

Language:

English

Subjects (All):

Constitutional history--China.

Constitutional history.

Constitutional law--China.

Constitutional law.

Physical Description:

1 online resource.

Place of Publication:

New York, New York : WIlliam S. Hein & Co., Inc., 2018.

Summary:

This book has upgraded traditional legal culture concepts and related methodology, adopted the view of cultural rules universally recognized by the circle of international culturology, applied the classical categories of cultural structure, and done an analysis, at a macro level of history, of the structural characteristics and integrative mechanism of Chinese and Western constitutional culture. This book is divided into nine chapters: The first chapter clarifies some core concepts while laying a theoretical foundation and analytical framework for the whole book. The second to fourth chapters emphatically elaborate on background, mainly analyzing the relationships between Chinese constitutional culture and ancient Chinese basic law culture, the germination of constitutional culture in early modern in China, and the formation of Chinese constitutional culture, respectively. The fifth to eighth chapters start with the four general principles of constitutional jurisprudence (popular sovereignty, separation of powers, rule of law, and human rights protection), specifically expounded the institutional genes, reconstruction process and reconstruction characteristics of Chinese constitutional culture. And the last chapter discourses on the shaping conditions and formation elements of contemporary Chinese constitutional culture, as well as the mode of power operation dominated by the thinking of unitary culture.

Contents:

Introduction

1. The raising of questions

2. Constitutional culture and ancient basic law in China

3. The importation of western constitutionalism and the germination of Chinese constitutional culture

4. The generation of Chinese constitutional culture

5. A Chinese constitutional schema of "popular sovereignty"

6. Chinese-style alteration in the system of separation of powers

7. The rule of man attribute in the principle of the rule of law

8. The variation of human rights towards Minquan

9. Contemporary Chinese constitutional culture.

Notes:

Description based on publisher supplied metadata and other sources.