The politics of law and stability in China

著者
    • Trevaskes, Susan
書誌事項

The politics of law and stability in China

edited by Susan Trevaskes ... [et al.]

Edward Elgar, c2014

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注記

Includes bibliographical references and index

内容説明・目次

内容説明

This fascinating book explores how issues of law and justice are being re-defined by China's obsession with 'social stability' and how this might impact upon claims to legitimacy that the Party-state advances. A first-rate team of experts put their lens on a wide range of important areas including trial and settlement practices, administrative law, criminal justice, environmental pollution, labor relations, land ownership, policing and welfare. Each contribution offers key insights into how we should understand the effects of China s response to increasing social discord.' - Mike McConville, The Chinese University of Hong KongThe 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 the management of Chinese citizen complaint and unrest. It explores how the Party-state responds to what it sees as potentially de-stabilizing social action such as public protest, discord, deviance and criminal behavior. 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. This book will appeal to lawyers, political science scholars and social scientists in the area of China studies. Scholars generally interested in Chinese criminal law and criminal law procedures will also find much in this book that will be of interest to them. Contributors: S. Biddulph, D. Peng, X. He, F. Hualing, G. Zhiyuan, E. Nesossi, M. Palmer, F. Sapio, M. S. Tanner, S. Trevaskes, B. van Rooij, Z. Wanhong

目次

CONTENTS Preface 1. Stability and the law Susan Trevaskes, Elisa Nesossi, Flora Sapio and Sarah Biddulph 2. Management of stability in labour relations Sarah Biddulph 3. 'If we award this case to you, all the Chinese people would come to us for justice!' Land taking cases in the shadow of social stability Xin He 4. Ripples across stagnant water: stability, legal activism and water pollution disputes in rural China Zhang Wanhong and Ding Peng 5. Regulation by escalation: unrest, lawmaking and law enforcement in China Benjamin van Rooij 6. Mediating state and society: social stability and administrative suits Michael Palmer 7. Death sentencing for stability and harmony Susan Trevaskes 8. Criminal procedure, law reform and stability Zhiyuan Guo 9. Stability and anticorruption initiatives: Is there a Chinese model? Fu Hualing 10. The impact of the 2009 people's armed police law on the people's armed police force Murray Scot Tanner 11. Detention, stability and 'social management innovation' Elisa Nesossi 12. The invisible hand of government: the conceptual origins of social management innovation Flora Sapio 13. Framing the stability imperative Susan Trevaskes, Elisa Nesossi, Flora Sapio, Sarah Biddulph Index

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