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The Politics of Lawmaking in Post-Mao China : Institutions, Processes, and Democratic Prospects - Murray Scot Tanner

The Politics of Lawmaking in Post-Mao China

Institutions, Processes, and Democratic Prospects

Hardcover Published: 1st October 1998
ISBN: 9780198293392
Number Of Pages: 294

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China's struggle to develop it's legal system is helping to drive an `inadvertant transition' towards democratization in the future. Since Mao Zedong's death, the China Communist Party's (CCP) leaders have increasingly shifted to drafting most of their key policies as laws rather than Party edicts. The result has been a quiet but dramatic change in Chinese politics, recasting the relationship between the key lawmaking institutions: the Communist Party bureaucracy, the Cabinet (State Council), and China's legislaturethe National People's Congress (NPC). No longer a rubber stamp, NPC leaders and deputies, though still overwhelmingly members of the Communist Party, have become far more assertive and less disciplined in their dealings with other top Party and government leaders. Deputies now commonly stall, amend, block, and increasingly vote `no' on proposals approved by the Party Politburo and the Cabinet. China's NPC, like successful legislatures elsewhere, has also used its growing bureaucracy and subcommittees as institutional weapons to expand its influence over policy. The Politics of Lawmaking in China is the first book to examine all of the changing political institutions involved in lawmaking, and show how their evolution is reshaping Chinese politics. Drawing on internal documentation and interviews, it includes new information about how the CCP leadership attempts to guide the increasingly important process of lawmaking, and how this power has eroded greatly since 1978. Through detailed case studies, the book demonstrates how and why the top leadership is often forced to settle for far less than it wants in hammering out laws. Rather than encouraging the sort of anti-communist mass uprising from below that occurred in Eastern Europe in 1989, this book argues that China's changes in lawmaking are contributing to a more quiet transition from within the Communist system.

Industry Reviews

Review to appear in International Review of Administrative Sciences No. 3, 2001 `Tanner's story of the perseverance and ingenuity of entrepreneur Cao Siyuan in promoting a bankruptcy law to a socialist government is both an enjoyable read and a startling example of how much things have changed in China since 1979.' Jennifer Y. Peng, International Law and Politics, Vol.32:205. `The time is long past due for a comprehensive account of the lawmaking process in China, the various political institutions involved, and the ways in which the respective powers of these institutions are changing in relation to one another. The Politics of Lawmaking in China: Institutions, Processes, and Democratic Prospects ... provides just such an account.' Jennifer Y. Peng, International Law and Politics, Vol.32:205.

Part 1. Theoretical Considerations 1: Introduction: The New Importance of Lawmaking Politics in China 2: Bureaucracies, `Organized Anarchies', and Inadvertant Transitions: Towards New Models of Chinese Lawmaking Part 2. Lawmaking Institutions 3: The Emergence of China's Post-Mao Lawmaking System 4: The Erosion of Party Control Over Lawmaking 5: The Rise of the National People's Congress System 6: The State Council's Lawmaking System Part 3. Case Studies in Lawmaking 7: The Case of the Enterprise Bankruptcy Law 8: The Case of the State-owned Industrial Enterprises Law Part 4. Conclusions 9: Stages and Processes in Chinese Lawmaking 10: Lawmaking Reforms and China's Democratic Prospects

ISBN: 9780198293392
ISBN-10: 0198293399
Series: Studies on Contemporary China
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 294
Published: 1st October 1998
Publisher: Oxford University Press
Country of Publication: GB
Dimensions (cm): 24.2 x 16.4  x 2.1
Weight (kg): 0.55