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Law and Justice in China's New Marketplace - Ronald C. Keith

Law and Justice in China's New Marketplace

Hardcover Published: 11th January 2001
ISBN: 9780333770900
Number Of Pages: 315

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Law and Justice in China's New Marketplace 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 analysing the changing Chinese approach in law to the adjustment of social interests in the context of profound economic change , Law and Justice in China's New Marketplace 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.

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"For those who are interested in the outcomes shaped by China's emerging legal system, this book serves as an introduction..." - Journal of Asian Studies

Acknowledgementsp. ix
List of Abbreviationsp. xi
Pluralized Jurisprudence in the Socialist Marketp. 1
The 'value problem' problem in market jurisprudencep. 8
'Running the country according to law and establishing a socialist rule-of-law country'p. 27
Judicial justice in the new marketplacep. 39
Key issuesp. 43
The 'Special Grouping' of the Human Rights of Women, Children, Handicapped and Elderlyp. 49
The new salience of 'rights and interests'p. 53
Social and legal guarantees and the changing role of the statep. 57
'Internationalization' and the 'special grouping' of rightsp. 61
The handicapped in the 'special grouping' of rightsp. 66
The rights and interests of women and childrenp. 68
The law of protecting the rights and interests of the elderlyp. 86
Conclusionp. 89
Justice and Efficiency in Contractual Labour Relationsp. 93
Labour law in the 'socialist market'p. 102
Assessing the shift to contract labourp. 109
The trade union's role in the new era of collective agreementp. 119
Social justice and the labour dispute settlement systemp. 125
Justice and equality in the scope of the 1994 Labour Lawp. 131
Conclusionp. 136
Sorting Out Property and Ownership Rights in Lawp. 138
Property versus ownership rights in the state's relation to state enterprisep. 143
Efficiency and justice in the reform of township enterprisep. 159
New perspectives on private ownership and propertyp. 169
Conclusionp. 175
Balancing Society and the Individual in Judicial Justicep. 178
The balance of interests in the revised CPLp. 188
The changing substantive principles of Chinese criminal lawp. 202
Law and 'economic crime' in the marketplacep. 214
The balance of values in the 1997 Criminal Lawp. 222
The redefined purposes of the 1997 Criminal Lawp. 226
Conclusionp. 228
The Law and the Market at the Crossroads of Justice and Efficiencyp. 232
The main features of 'pluralized jurisprudence'p. 233
The readjustment of interestsp. 236
Conclusionp. 245
Notes and Referencesp. 247
Abbreviated Listing of Prominent Juristsp. 287
Select Glossary of Chinese Political/Legal Termsp. 290
Select English and Chinese Bibliographyp. 299
Indexp. 308
Table of Contents provided by Syndetics. All Rights Reserved.

ISBN: 9780333770900
ISBN-10: 0333770900
Audience: General
Format: Hardcover
Language: English
Number Of Pages: 315
Published: 11th January 2001
Publisher: SPRINGER VERLAG GMBH
Country of Publication: GB
Dimensions (cm): 22.5 x 14.07  x 2.52
Weight (kg): 0.59
Edition Number: 1

Earn 542 Qantas Points
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