Weidong Ji

Building the Rule of Law in China (eBook, PDF)

Procedure, Discourse and Hermeneutic Community

• Format: PDF

Produktbeschreibung

After thirty years of Mao era (1949-1979) which was struggle-based, the Communist Party of China has begun to change its position as a pioneering revolutionary party, evolving into a universal ruling party that transcends class interests. Meanwhile, administrative and judicial reforms oriented toward a more efficient, serving government and the rule of law have been actively carried out.

As the earliest work on constructive jurisprudence of new proceduralism in China, this book elucidates some of the most critical problems in the process of constructing a legal order and realizing institutional innovation in China: democracy, fair and reasonable procedure, interpretation techniques, cognitive ability of legislation, position and function of the jurist group, and professional ethics, etc. Besides, it expounds five pairs of contradictions in the modernization process of Chinese legal system, namely, substantial and procedural justice, moral and legal debates, formal and reflective rationality, the major responsibility on bureaucrats and lawyers, and the motivation of public welfare and profit, and explores appropriate approaches to combine the different factors.

Scholars and students in Chinese legal and social transformation studies will be attracted by this book. Furthermore, it will help different civilizations conduct rational dialogues on justice and order.

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Produktdetails

• Verlag: Taylor & Francis eBooks
• Seitenzahl: 226
• Erscheinungstermin: 12. Dezember 2017
• Englisch
• ISBN-13: 9781351613095
• Artikelnr.: 50519485

Autorenporträt

Weidong Ji is Dean and Chair Professor of KoGuan Law School, Shanghai Jiao Tong University. His research interests include sociology of law, comparative law, constitutional law, judicial system, etc.

Inhaltsangabe

List of illustrations. Preface to the English Translation. Preface to the
First Chinese Edition Chapter 1 The Second Ideological Emancipation or a
Utopia? Chapter 2 On the Innovation and Transplantation of Institutions and
Its Self-organization Chapter 3 The Considerations and a Mistake of Critics
Chapter 4 Organism and Liberty-The Paradox of Hayek's Rule of Law (A
Discussion with Professor Deng Zhenglai about Spontaneous Oder) Chapter 5
The Wisdom and Prejudice of Carl Schmitt's Constitutional Theory Chapter 6
On Two Analytical Frameworks Provided for the Debate of Jurisprudence
Chapter 7 Definite Uncertainties and the Grand Design of the Legal System
in China Chapter 8 The Judicial Reform in China: The Status Quo and Future
Directions Chapter 9 To Implement the Rule of Law through "The System of
Three Kinds of Review" Chapter 10 Legal Mode of Social Transformation
Chapter 11 Tradition and Innovation of Legal Order Chapter 12 Conditions
for Modern Rule of Law Chapter 13 The Roots of Law and its Efficacy Chapter
14 Institutional Combinations between "Sollen" and "Actuality" Chapter 15
Efficiency-Seeking Jurisprudence Chapter 16 The Quantitative Analysis and
Prediction of Changes in Law Chapter 17 The Rule of Private Law and
Economic Development Chapter 18 Reflections on Relational Contract Theory
Chapter 19 The Status and Role of Parties in Action Inside and Outside of
Court Chapter 20 Law and Society Geared to the 21st Century¡ªReflections on
the 31st Session of the Symposium of the Research Committee on the
Sociology of Law of the International Sociological Association Epilogue to
the Enlarged Chinese Edition. Index