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The China Legal Development Yearbook, Volume 5
Series:
Editor:
This volume of the China Legal Development Yearbook marks the 60th anniversary of the founding of the PRC. Various aspects of law and regulation that are giving shape to China’s legal system are examined in this volume of the Yearbook. The editors present an informative and comprehensive volume, covering both general topics such as administrative law reform, as well as analysing a number specific areas of interest such as military law and the new food safety regime. 2009 was also a year when the full impact of the global financial crisis (GFC) was felt in China’s economy and society. Some of the chapters in this volume reflect upon aspects of these challenges with chapters on legislative responses to social instability and crime as well as on economic reform.
Li Lin has been director of the CASS Institute of Law since 2005. His key works include Toward Constitutional Government Legislation, Building a Law-Governed Nation and a Legal System, Human Rights and Constitutional Government, and Reform of the Political Structure and Construction of a Legal System.
International Advisory Board:
Sarah Biddulph is Associate Director (China) of the Asian Law Centre at the University of Melbourne. Her work focuses on contemporary Chinese administrative law, criminal procedure, labor and comparative law. Her recent book examines the impact of legal reform on police administrative detention powers.
Albert Hung Yee Chen is Chan Professor in Constitutional Law at the University of Hong Kong. He was formerly Dean of the Law Faculty there. His research interests include Hong Kong, Chinese and Asian law, and legal and political philosophy.
Pitman Potter is a Professor of Law at UBC Law Faculty and Director of UBC’s Institute of Asian Research. Dr. Potter’s teaching and research are focused on PRC and Taiwan law and policy in the areas of foreign trade and investment, dispute resolution, intellectual property, contracts, business regulation, and human rights. Dr. Potter serves on the Editorial Boards of The China Quarterly, The Hong Kong Law Journal, China: An International Journal, and Pacific Affairs (chair).
Sarah Biddulph is Associate Director (China) of the Asian Law Centre at the University of Melbourne. Her work focuses on contemporary Chinese administrative law, criminal procedure, labor and comparative law. Her recent book examines the impact of legal reform on police administrative detention powers.
Albert Hung Yee Chen is Chan Professor in Constitutional Law at the University of Hong Kong. He was formerly Dean of the Law Faculty there. His research interests include Hong Kong, Chinese and Asian law, and legal and political philosophy.
Pitman Potter is a Professor of Law at UBC Law Faculty and Director of UBC’s Institute of Asian Research. Dr. Potter’s teaching and research are focused on PRC and Taiwan law and policy in the areas of foreign trade and investment, dispute resolution, intellectual property, contracts, business regulation, and human rights. Dr. Potter serves on the Editorial Boards of The China Quarterly, The Hong Kong Law Journal, China: An International Journal, and Pacific Affairs (chair).
CONTENTS
List of Figures
List of Tables
Preface
Acknowledgements
List of Contributors
Introduction
General Report
China’s Rule-of-Law in 2009: Seeking Development, Guaranteeing the Livelihood of the People, and Promoting Stability
Research Team, Law Institute, CASS
Special Reports
National Human Rights Action Plan: A Symbolic Document on China’s Human Rights Protection
Liu Huawen
Application of International Law in China’s Recourse of Overseas Lost Chinese Cultural Relics
Xie Xinsheng
China’s Military Legislation Construction in 2009
Chen Chuangdong
Rule of Law in SAR Macao Since Its Return to China
Wang Tao
Constitutional Law and Administrative Law
China’s Administrative Rule of Law in 2009
Li Xia
Development of Food Safety Legislation in 2009
Song Hualing
Legal Measures for Group Events in 2009
Mo Jihong
Criminal Law
Analysis on Crimes and Criminal Polices in 2009 and its Forecast
Jin Gaofeng
Civil Law and Economic Law
Intellectual Property Legislation in 2009
Li Shunde
China’s Financial Industries under Rule of Law and Its Reform of Financial Regulation and Supervision in 2009
Xi Yuemin
Labor and Social Law
Implementation of Labor Law: Current Situation, Problems, and Countermeasures
Xie Zengyi
Construction and Forecast of Educational Rule of Law
Wang Xuemei and,Wang Zhuguo
Rule of Law in Different Regions
Investigation Report on Post-Disaster Reconstruction and Grass-Roots Democratic Participation in Sichuan
Legislation National Condition Investigation Group of the Institute of Law, Chinese Academy of Social Sciences
Report on Mafia-style Criminal Gangs and "Targeted Actions against Criminal Forces" in Chongqing City
Research Group on “Anti-organised Crime Legal System”
Mode of Operation of the Beijing Labor Dispute Mediation Center
Li Fan and Ge Lei
Report from Field Work
Report on the Transparency of Local Governments in 2009: View of Disclosure of Government Website Information
Research Team, Law Institute, CASS
Legal Issues In Rural Land Circulation
Yuan Zhan and Ran Hao
Investigation Report on Corporate Social Responsibility
Research Team, Law Institute, CASS
Research Report on Development of New Rural Cooperative Medical Service
Research Team, Law Institute, CASS
List of Figures
List of Tables
Preface
Acknowledgements
List of Contributors
Introduction
General Report
China’s Rule-of-Law in 2009: Seeking Development, Guaranteeing the Livelihood of the People, and Promoting Stability
Research Team, Law Institute, CASS
Special Reports
National Human Rights Action Plan: A Symbolic Document on China’s Human Rights Protection
Liu Huawen
Application of International Law in China’s Recourse of Overseas Lost Chinese Cultural Relics
Xie Xinsheng
China’s Military Legislation Construction in 2009
Chen Chuangdong
Rule of Law in SAR Macao Since Its Return to China
Wang Tao
Constitutional Law and Administrative Law
China’s Administrative Rule of Law in 2009
Li Xia
Development of Food Safety Legislation in 2009
Song Hualing
Legal Measures for Group Events in 2009
Mo Jihong
Criminal Law
Analysis on Crimes and Criminal Polices in 2009 and its Forecast
Jin Gaofeng
Civil Law and Economic Law
Intellectual Property Legislation in 2009
Li Shunde
China’s Financial Industries under Rule of Law and Its Reform of Financial Regulation and Supervision in 2009
Xi Yuemin
Labor and Social Law
Implementation of Labor Law: Current Situation, Problems, and Countermeasures
Xie Zengyi
Construction and Forecast of Educational Rule of Law
Wang Xuemei and,Wang Zhuguo
Rule of Law in Different Regions
Investigation Report on Post-Disaster Reconstruction and Grass-Roots Democratic Participation in Sichuan
Legislation National Condition Investigation Group of the Institute of Law, Chinese Academy of Social Sciences
Report on Mafia-style Criminal Gangs and "Targeted Actions against Criminal Forces" in Chongqing City
Research Group on “Anti-organised Crime Legal System”
Mode of Operation of the Beijing Labor Dispute Mediation Center
Li Fan and Ge Lei
Report from Field Work
Report on the Transparency of Local Governments in 2009: View of Disclosure of Government Website Information
Research Team, Law Institute, CASS
Legal Issues In Rural Land Circulation
Yuan Zhan and Ran Hao
Investigation Report on Corporate Social Responsibility
Research Team, Law Institute, CASS
Research Report on Development of New Rural Cooperative Medical Service
Research Team, Law Institute, CASS