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Inside China's Legal System


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Table of Contents

Dedication List of abbreviations Acknowledgments Foreword 1 Foreword 2 About the authors Introduction: justice with a Chinese face A 'socialist system of laws with Chinese characteristics' Historical reforms in Chinese law Comparing Chinese and American legal systems American perspectives on Chinese law Human rights commentary and the Chinese response Questions raised by the Chinese legal system Positive developments This book Part I: Historical views 1: Philosophical underpinnings of the Chinese legal system Abstract Confucianism Confucius's view of law Confucius's view of history Critical thinking on Confucius The resurgence of Confucianism in China Mencius Legalism Qin and the first emperor Hidden rules and law in imperial China Law versus morality Penal codes No lawyers or legal profession 2: China and the Western influence Abstract '100 years of humiliation' Unequal treaties between 1842 and 1949 and extraterritoriality Nationalism The Foreign Affairs Movement and the ti-yong dichotomy The failed '100 days reform' in 1898 and late Qing reforms Republic of China 'The People's Republic' Anti-Rightist Movement, Great Leap Forward and Great Famine Cultural Revolution The trial of the Gang of Four The case of Yu Luoke The case of Zhang Zhixin Tiananmen Part II: The players 3: The judiciary Abstract The party and the judiciary Non-independent judiciary Structure Supreme People's Court Are fayuan courts? 'Judges' Judicial examination Judicial corruption Procuratorates Access to court information 4: The police Abstract Definitions Overview Governing law Re-education through labor Maintaining stability or weiwen 'Guobao' and 'drinking tea' Internet police Detention, torture and extrajudicial killings Yang Jia case Wen Qiang case Wang Lijun case 5: The lawyers Abstract Lawyers as a 'bad element' History of the legal profession in China Lawyers in the PRC Legal education Regulating lawyers New rules for the punishment of lawyers 'They came for lawyers' Lawyers, law professors and troublemakers: Zhang Sizhi, Jiang Ping, Pu Zhiqiang Li Zhuang case Part III: Case studies 6: Civil laws and cases Abstract General principles of civil law Selected civil laws Commercial law Civil procedure Representative cases 7: Criminal laws and criminal cases Abstract Criminal law Criminal procedure Criminal Procedure Law amendments The case of Liu Xiaobo Representative cases in criminal law The CPC and criminal law 8: The curious case of Ai Weiwei and administrative law Abstract Timeline Procedure The 'tax' case Administrative law in China Petition Part IV: Conclusion Afterword Is constitutionalism incommensurable with Chinese socialism? Important updates Conclusion Appendix 1: Constitution of the People's Republic of China Preamble Chapter I: General Principles Chapter II: The Fundamental Rights and Duties of Citizens Chapter III: The Structure of the State Chapter IV: The National Flag, the National Anthem, the National Emblem and the Capital Appendix 2: The socialist legal system with Chinese characteristics Foreword I Establishment of the socialist system of laws with Chinese characteristics II Composition of the socialist system of laws with Chinese characteristics III Features of the socialist system of laws with Chinese characteristics IV Improvement of the socialist system of laws with Chinese characteristics Concluding remarks Appendix 3: Charter '08 I Foreword II Our fundamental principles III What we advocate Selected readings and resources for further research in Chinese law and history Index

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A comprehensive look at the system including how it works in practice, theoretical and historical underpinnings, and how it might evolve.

About the Author

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.

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