Presenting a comprehensive study of complaint systems in Chinese history from early times to the present, this important book fills the gap in existing literature on complaint systems in China. Drawing on primary sources, Qiang Fang analyses the significance of continuities and changes in historical complaint systems for contemporary China, where the state continues to be nominally strong, but actually fragile. Unlike other major theories of popular resistance to the state in China, such as ‘everyday resistance’, ‘rightful resistance’ and resistance ‘as legal rights’, this book develops the theory that behind Chinese complaint systems, there was a mentality of ‘natural resistance’ that has been deeply embedded in Chinese culture, political philosophy, and folk religion for millennia. Given this history, Fang concludes that it is likely that some form of complaint system will continue to exist, and by helping to mitigate the increasing demands of the Chinese state on the Chinese, will serve to strengthen the state.
An essential contribution understanding the strengths, weaknesses, and various roles of the Letters and Visits System in contemporary China, as well as the systems that have preceded it throughout China’s long history, this book will be of huge interest to students and scholars of Chinese history, politics and law.
This book examines the process of constitutional formation in the era of decolonisation and state building in Asia. It sheds light upon the influence and participation of Jennings in particular and British ideas in general on democracy and institutions across the Asian continent. Critical cases studies on India, Pakistan, Sri Lanka, Malaysia and Nepal – all linked by Britain and Jennings – assess the distinctive methods and outcomes of constitution making and how British ideas fared in these major states. The book offers chapters on the Westminster model in Asia, Human Rights, Nationalism, Ethnic politics, Federalism, Foreign influence, Decolonisation, Authoritarianism, the Rule of Law, Parliamentary democracy and the power and influence of key political actors. Taking an original stance on constitution making in Asia after British rule, it also puts forward ideas of contemporary significance for Asian states and other emerging democracies engaged in constitution making, regime change and seeking to understand their colonial past.
The first political, historical or constitutional analysis comparing Asia’s experience with its indelible British constitutional legacy, this book is a critical resource on state building and constitution making in Asia following independence. It will appeal to students and scholars of world history, public law and politics.
This volume will be an invaluable resource for those who wish to understand the dynamics of secessionist movements and as such will appeal to students and scholars of Asian and European politics, comparative politics, international relations and conflict studies. It will also be helpful to practitioners and policy-makers who wish to understand and contribute to the resolution of such conflicts.
Modern Chinese Legal Reform is designed as a legal and political research tool to help English-speaking scholars interpret the many recent changes to China's legal system. Investigating subjects such as constitutional history, the intersection of politics and law, democratization, civil legal practices, and judicial mechanisms, the essays in this volume situate current constitutional debates in the context of both the country's ideology and traditions and the wider global community.
Editors Xiaobing Li and Qiang Fang bring together scholars from multiple disciplines to provide a comprehensive and balanced look at a difficult subject. Featuring newly available official sources and interviews with Chinese administrators, judges, law-enforcement officers, and legal experts, this essential resource enables readers to view key events through the eyes of individuals who are intimately acquainted with the challenges and successes of the past twenty years.