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Foreign Investment in China

Foreign Investment in China The Administrative Legal System

作者： Peter Corne
出版商： Hong Kong University Press
ISBN: 9789622093942
出版时间 December 1996
规格： Paperback , 256 pages
适应领域： China ? 免责申明：
Countri(es) stated herein are used as reference only

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描述
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详细

China's legal system is characterized by the gap between law and reality. Focusing on regulatory law, and with reference to the foreign investment area, this book identifies the functional and structural problems within China's administrative legal system that perpetuate this gap.

Topics examined in depth include China's unusual hierarchy of legislation, the lack of clear delineation between legal and policy norms, the great scope of discretion accorded to bodies charged with legal interpretation and implementation, the limited scope of judicial review, and the resulting problems of legislative inconsistency and haphazard legal enforcement. The book contends that China's legal system is being built on a faulty and incomplete basis, and that if these problems remain unaddressed, China's legal future is at risk.
Chapter 1
Law and RealityIntroduction / The Role of Law and Its Contribution to Social Cohesion / The Basic Consensus Underpinning Social Order in Imperial China / Legal Reform 1904 - 1949: The Beginning of Normative Dislocation / The Manufacture and Breakdown of Consensus Underpinning China's Social, Political and Legal Order 1949-78 /The Era of Reform (1978-Present) /The Attempt to Reconstruct Consensus Through Law / Law and Policy as Agents of Social Change / Renewal of Legitimacy Through Law / Conclusion

Chapter 2
China's Administrative Legal StructureIntroduction / Lawmaking and Discretion / Hierarchy of Legislative Authority / Inherent and Conferred Power of State Power Organs and Administrative Bodies to Make Law / Lawmaking at the National Level / Lawmaking at the Local Level / Conclusion

Chapter 3
Legal FlexibilityIntroduction / Characteristics of Legal Drafting / Bringing Law Down to Reality ?Specification and Administrative Interpretation / Normative Documents / Specification by State Council Departments / Specification by Local Government and Local Functional Departments / Legal Interpretation / Conclusion

Chapter 4
Legal ConsistencyIntroduction / Constitutional Supervision / Legislative Supervision / The Legal Status of Administrative Rules, Administrative Interpretations and Normative Documents / The Non-Application of Conflicting Rules and Normative Documents by Judicial and Quasi-Judicial Bodies / Conclusion

Chapter 5
Implementation of LawIntroduction / Tools of Legal Enforcement: Types of Specific Administrative Acts / Normative References Underlying the Policies of Legal Implementation Adopted by Administrative Bodies / Conclusion

Chapter 6
Legal SupervisionIntroduction / Judicial Review and China's Lack of an Independent Legal Tradition / Administrative Review Organs and Their Ability (or Inability) to Perform Impartial Reviews of Administrative Action / Supervision by the Supreme People's Procuratorate / Supervision of Legal Implementation by Legislative, Administrative and Party Organs / Conclusion

Chapter 7
ConclusionSummary / The Implications of Continued Legal Dislocation / Preconditions for Further Development and Reform
Peter Corne graduated from Sydney University with degrees in Arts and Law and the University of Melbourne with an L.L.M. specializing in Chinese Law. He has published articles on various aspects of the Chinese and Japanese legal systems in international law journals and books in Australia, the United States and Hong Kong. He now resides in Shanghai, where he practises as a foreign lawyer with a major international law firm.

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