In China the coexistence of arbitrary detention and a transition towards a rule of law is either seen as an oxymoron, or as an aberration. This book analyses under-researched institutions and practices in China’s criminal justice system, arguing that derogations from the rule of law constitute an organic component of the legal order. Hidden behind the law, there lies sovereign power, a power premised on the choice to handle certain issues through procedures that derogate from rights. This theoretically sophisticated study overcomes the current impasses in analyses of China’s criminal justice. The result is an highly innovative reading of law and legality in the PRC, useful to scholars of contemporary China, mainstream political theorists, philosophers of law and policy makers.
"This important book heralds a new chapter in the comparative study of Chinese law and society...it presents and analyses a tremendous wealth of information, above all from contemporary Chinese sources...[the book] provides a new basis for deeper comparisons of the emerging Chinese 'reforming Leninist' model with the 'rule of law' and its suspension in Western countries." - Magnus Fiskesjö,
Since the beginning of the 20th century, various attempts have been made by legal scholars to draft a Civil Code in China. However, only since the 1980s, when the ‘open-door’ policy was implemented, has Chinese Civil law become the basis for the development of a socialist market economy. Since the adoption of Chinese contract law (1999), property Law (2007) and tort Law (2009) in recent years, the basic construction of a socialist civil law system has been formulated. For the completion of a systematic civil law structure, a Civil Code has now been further advocated by society. The Draft Civil Code, prepared by the Chinese Academy of Social Sciences headed by Liang Huixing, is the first Draft Civil Code since the establishment of the People’s Republic of China. The English translation of this code aims to provide a source for western scholars to provide some knowledge on recent developments of Chinese civil law.
Also available as a Paperback edition (978-90-04-17915-8).