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Law and
Institutions of
Modern China
Critical Concepts in Law
Edited and with a new introduction by Sanzhu Zhu, School of
Oriental and African Studies, UK
In the past three decades, the Chinese legal system has undergone a substantial
transformation, reflecting the economic, social, culture, administrative, and political
changes taking place in China. Compared with the situation in the early 1950s when
the newly established People’s Republic of China started to construct a socialist legal
system and with the situation in the early 1980s when post-Cultural Revolution
(1966–76) legal reform had just started, the current Chinese legal system has become
a relatively comprehensive system, comparable to a certain degree with the
jurisdictions in Western developed countries.
This new Major Work collection from Routledge brings together the most
representative pieces for a comprehensive set covering every aspect of current Chinese
law, providing readers with a one-stop reference resource on China’s legal, judicial,
and institutional changes in the past decades, as well as current law and institutions
in China.
For more information, visit: www.routledge.com/9780415565455
Routledge | May 2011: 234x156: 1,600pp: Set Hb: 978-0-415-56545-5
Routledge Major Works
Law and Institutions of Modern China
Volume I
Legal Development of the People’s Republic of China
Volume II
Legal Institutions of the People’s Republic of China
Part 1: Development of Modern Chinese Law and Institutions since
the Founding of the People’s Republic of China
Part 6: Emerging Formal Legal Institutions in China’s Transition
1. Wu Jianfan, ‘Building New China’s Legal System’, Columbia Journal of
Transnational Law, 1983, 22, 1, 1–40.
14. Stanley B. Lubman, ‘First Steps: Legalizing the State, Reinventing Lawyers,
Regularizing the Criminal Process’, Bird in a Cage: Legal Reform in China
after Mao (Stanford University Press, 1999), pp. 138–72, 351–6.
2. William P. Alford, ‘A Second Great Wall? China’s Post-Cultural Revolution
Project of Legal Construction’, Cultural Dynamics, 1999, 11, 2, 193–213.
Part 7: Law-Making and Sources of Law
Part 2: The Role of Law in the People’s Republic of China
3. Victor H. Li, ‘The Role of Law in Communist China’, China Quarterly, 1970,
44, 66–111.
4. Shao-Chuan Leng, ‘The Role of Law in the People’s Republic of China as
Reflecting Mao Tse-Tung’s Influence’, Journal of Criminal Law & Criminology,
1977, 68, 3, 356–73.
5. Randall P. Peerenboom, ‘Ruling the Country in Accordance with Law:
Reflections on the Rule and Role of Law in Contemporary China’, Cultural
Dynamics, 1999, 11, 3, 315–51.
Part 3: Developing Theories of Modern Chinese Law and Society
6. Alice Erh-Soon Tay and Eugene Kamenka, ‘Law, Legal Theory and Legal
Education in the People’s Republic of China’, New York Law School Journal of
International and Comparative Law, 1986, 7, 1, 1–38.
7. Randall P. Peerenboom, ‘What’s Wrong with Chinese Rights? Toward a
Theory of Rights with Chinese Characteristics’, Harvard Human Rights
Journal, 1993, 6, 29–57.
8. Ji Weidong, ‘“To Take the Law as the Public”: The Diversification of Society
and Legal Discourse in Contemporary China’, in Stéphanie Balme and
Michael W. Dowdle (eds.), Building Constitutionalism in China (Palgrave,
2009), pp. 125–40.
Part 4: Understanding the Contemporary Chinese Legal System
9. William C. Jones, ‘Trying to Understand the Current Chinese Legal System’,
in C. Stephen Hsu (ed.), Understanding China’s Legal System: Essays in Honor
of Jerome A. Cohen (New York University Press, 2003), pp. 7–45.
10. Albert H. Y. Chen, ‘Socialist Law, Civil Law, Common Law, and the
Classification of Contemporary Chinese Law’, in Jan Michiel Otto et al.
(eds.), Law-Making in the People’s Republic of China (Kluwer Law
International, 2000), pp. 55–74.
11. Teemu Ruskola, ‘Law Without Law, or is “Chinese Law” an Oxymoron?’,
William & Mary Bill of Rights Journal, 2003, 11, 655–69.
Part 5: Studying Chinese law
12. Chen Shouyi, ‘A Review of Thirty Years of Legal Studies in New China’,
Journal of Chinese Law, 1988, 2, 181–200.
13. Stanley Lubman, ‘The Study of Chinese Law in the United States:
Reflections on the Past and Concerns about the Future’, Washington
University Global Studies Law Review, 2003, 2, 1, 1–35.
15. Murray Scot Tanner, ‘How a Bill Becomes a Law in China: Stages and
Processes in Lawmaking’, China Quarterly, 1995, 141, 39–64.
16. Anthony R. Dicks, ‘Compartmentalized Law and Judicial Restraint: An
Inductive View of Some Jurisdictional Barriers to Reform’, China Quarterly,
1995, 141, 82–109.
17. Chen Jianfu, ‘Unanswered Questions and Unresolved Issues: Comments on
the Law on Law-Making’, in Jan Michiel Otto et al. (eds.), Law-Making in
the People’s Republic of China (Kluwer Law International, 2000), pp. 235–56.
Part 8: Courts and Judicial Independence
18. Jerome Alan Cohen, ‘The Chinese Communist Party and “Judicial
Independence”: 1949–1959’, Harvard Law Review, 1969, 82, 5, 967–1006.
19. Randall Peerenboom, ‘Judicial Independence in China: Common Myths
and Unfounded Assumptions’, in R. Peerenboom (ed.), Judicial
Independence in China: Lessons for Global Rule of Law Promotion (Cambridge
University Press, 2010), pp. 69–94.
20. Benjamin L. Liebman, ‘China’s Courts: Restricted Reform’, China Quarterly,
2007, 191, 620–38.
Part 9: The Legal Profession and Legal Education
21. William P. Alford, ‘Tasselled Loafers for Barefoot Lawyers: Transformation
and Tension in the World of Chinese Legal Workers’, China Quarterly, 1995,
141, 22–38.
22. He Weifang, ‘China’s Legal Profession: The Nascence and Growing Pains of
a Professionalized Legal Class’, Columbia Journal of Asian Law, 2005, 19, 1,
138–51.
23. Zeng Xianyi, ‘Legal Education in China’, South Texas Law Review, 2002, 43,
707–16.
Part 10: Dispute resolution
24. Jerome Alan Cohen, ‘Chinese Mediation on the Eve of Modernization’,
California Law Review, 1966, 54, 1201–26.
25. Stanley B. Lubman, ‘Mediation after Mao’, Bird in a Cage: Legal Reform in
China after Mao (Stanford University Press, 1999), pp. 217–49.
26. Donald C. Clarke, ‘The Execution of Civil Judgements in China’, China
Quarterly, 1995, 141, 65–81.
27. Randall P. Peerenboom and He Xin, ‘Dispute Resolution in China: Patterns,
Causes and Prognosis’, East Asia Law Review, 2009, 4, 1, 1–61.
Critical Concepts in Law
Volume III
Constitution and Basic Laws of the People’s Republic
of China
Volume IV
Chinese Law and Institutions in the Twenty-First Century
Part 16: Legal Reform and the Establishment of Rule of Law
Part 11: Constitution and Constitutionalism
28. William C. Jones, ‘The Constitution of the People’s Republic of China’,
Washington University Law Quarterly, 1985, 63, 4, 707–35.
29. Cai Dingjian, ‘The Development of Constitutionalism in the Transition of
Chinese Society’, Columbia Journal of Asian Law, 2005, 19, 1, 1–29.
30. Yu Xingzhong, ‘Western Constitutional Ideas and Constitutional Discourse
in China, 1978–2005’, in Stéphanie Balme and Michael W. Dowdle (eds.),
Building Constitutionalism in China (Palgrave, 2009), pp. 111–24.
Part 12: Criminal Process and Justice
31. Shao-Chuan Leng, ‘Criminal Justice in Post-Mao China: Some Preliminary
Observations’, Journal of Criminal Law & Criminology, 1982, 73, 1, 204–37.
32. Cai Dingjian, ‘China’s Major Reform in Criminal Law’, Columbia Journal of
Asian Law, 1997, 11, 1, 213–18.
33. Fu Hualing, ‘Criminal Defence in China: The Possible Impact of the 1996
Criminal Procedure Law Reform’, China Quarterly, 1998, 153, 31–48.
Part 13: The General Principles of Civil Law
34. Tong Rou, ‘The General Principles of Civil Law of the PRC: Its Birth,
Characteristics, and Role’, Law and Contemporary Problems, 1989, 52, 2,
151–75.
35. William C. Jones, ‘Some Questions Regarding the Significance of the
General Provisions of Civil Law of the People’s Republic of China’, Harvard
International Law Journal, 1987, 28, 2, 309–31.
36. Zhang Mo, ‘From Public to Private: The Newly Enacted Chinese Property
Law and the Protection of Property Rights in China’, Berkeley Business Law
Journal, 2008, 5, 2, 317–63.
Part 14: Administrative Law and Administrative Litigation
37. Lin Feng, ‘Administrative Law’, in Wang Chenguang and Zhang Xianchu
(eds.), Introduction to Chinese Law (Sweet & Maxwell Asia, 1997), pp.
75–106.
38. Pei Minxin, ‘Citizens v. Mandarins: Administrative Litigation in China’,
China Quarterly, 1997, 152, 832–62.
43. Stanley B. Lubman, ‘Understanding China through Chinese Law’, Bird in a
Cage: Legal Reform in China After Mao (Stanford University Press, 1999), pp.
1–10.
44. Randall P. Peerenboom, ‘Introduction’, China’s Long March Toward Rule of
Law (Cambridge University Press, 2002), pp. 1–26.
45. Pitman B. Potter, ‘Legal Reform in China: Institutions, Culture, and
Selective Adaptation’, Law & Social Inquiry, 2004, 29, 465–95.
46. Benjamin L. Liebman, ‘Assessing China’s Legal Reforms’, Columbia Journal of
Asian Law, 2009, 23, 1, 17–33.
Part 17: Legal Reform and the Development of a Market Economy
47. Chen Su, ‘The Establishment and Development of the Chinese Economic
Legal System in the Past Sixty Years’, Columbia Journal of Asian Law, 2009,
23, 1, 109–36.
48. Albert H. Y. Chen, ‘The Developing Theory of Law and Market Economy in
Contemporary China’, in Wang Guiguo and Wei Zhenying (eds.), Legal
Developments in China: Market Economy and Law (Sweet & Maxwell Asia,
1996), pp. 3–20.
49. Donald C. Clarke, ‘Legislating for a Market Economy in China’, China
Quarterly, 2007, 191, 567–85.
Part 18: Human Rights in Contemporary Chinese Law
50. Marina Svensson, ‘A Contested and Evolving Discourse: Human Rights
Debate Since the Late 1980s’, Debating Human Rights in China: A Conceptual
and Political History (Rowman & Littlefield Publishers, 2002), pp. 261–96.
51. Stephen C. Angle, ‘Human Rights and Harmony’, Human Rights Quarterly,
2008, 30, 1, 76–94.
Part 19: Development of a Modern Civil Society
52. Li Yuwen, ‘A Critical Examination of the Legal Environment for Social
Organizations in China’, in Yuwen Li (ed.), Freedom of Association in China
and Europe: Comparative Perspectives in Law and Practice (Martinus Nijhoff
Publishers, 2005), pp. 17–69.
Part 20: China and the International Legal Order
39. Wang Xixin, ‘Between Dreams and the Reality: Making of the
Administrative Procedure Act in China’, Journal of Korean Law, 2007, 7, 1,
157–82.
53. James V. Feinerman, ‘Chinese Participation in the International Legal
Order: Rogue Elephant or Team Player’, China Quarterly, 1995, 141,
186–210.
Part 15: Economic and Commercial Law
54. Shan Wenhua, ‘Redefining the Chinese Concept of Sovereignty’, in Wang
Gungwu and Zheng Yongnian (eds.), China and the New International Order
(Routledge, 2008), pp. 53–80.
40. Wang Liming and Xu Chuanxi, ‘Fundamental Principles of China’s
Contract Law’, Columbia Journal of Asian Law, 1999, 13, 1, 1–34.
41. James V. Feinerman, ‘New Hope for Corporate Governance in China?’,
China Quarterly, 2007, 191, 590–612.
42. Wu Handong, ‘One Hundred Years of Progress: The Development of the
Intellectual Property System in China’, WIPO Journal, 2009, 1, 117–24.
55. Albert H. Y. Chen, ‘“One Country, Two Systems” from a Legal Perspective’,
in Yue-man Yeung (ed.), The First Decade: The Hong Kong SAR in
Retrospective and Introspective Perspectives (Chinese University Press, 2007),
pp. 161–88.
Part 21: China’s Accession to the World Trade Organization and its
Legal Implications
56. Pitman B. Potter, ‘The Legal Implications of China’s Accession to the WTO’,
China Quarterly, 2001, 167, 592–609.
Part 22: The Future of Chinese Law
57. Pei Minxin, ‘Is China’s Transition Trapped and What Should the West Do
about It?’ (conference presentation at ‘Rule of Law in China: Chinese Law
and Business’, organized by the Foundation for Law, Justice and Society in
collaboration with the Centre for Socio-Legal Studies, University of Oxford,
UK, 2007).
58. Randall Peerenboom, ‘Are China’s Legal Reforms Stalled?’ (conference
presentation at ‘Rule of Law in China: Chinese Law and Business’,
organized by the Foundation for Law, Justice and Society in collaboration
with the Centre for Socio-Legal Studies, University of Oxford, UK, 2007).
59. Donald C. Clarke, ‘The Chinese Legal System Since 1995: Steady
Development and Striking Continuities’, China Quarterly, 2007, 191,
555–66.
Other titles which may be of interest ...
Forthcoming in 2011
Forthcoming in 2011
Critical Legal Theory
Law and Development
Edited and with a new introduction by Costas Douzinas and Colin Perrin
Edited and with a new introduction by Julio Faundez
Critical Legal Theory is now an established—if heterogeneous and controversial—field
of study, represented by numerous international journals, regional organizations, and
global conferences. As the field continues to flourish as never before, this new title in
Routledge’s Major Works series, Critical Concepts in Law meets the need for an
authoritative reference work to make sense of a rapidly growing and ever more
complex corpus of literature. Indeed, it is a landmark collection of Critical Legal
Theory’s principal sources, orientations, movements, and themes.
The four volumes in this new collection from Routledge’s Major Works series, Critical
Concepts in Law, bring together carefully selected materials that trace the evolution of
the Law and Development movement; identify the key theoretical texts that have
served as inspiration to this movement; provide a representative collection of articles
written by specialists from various disciplines; and offer a selection of case studies and
policy-based papers on the implementation of Law and Development projects.
Edited by a leading scholar in the field, the collection also contains an extensive
Introduction that examines the past, present and future of Law and Development and
will enable users to place the collected materials in their historical and intellectual
context.
October 2011: 234x156: 1,600pp
4-Volume Set: 978-0-415-48673-6: £650.00
For more information, visit:
www.routledge.com/9780415486736
November 2011: 234x156: 1,600pp
4-Volume Set: 978-0-415-57762-5: £725.00
For more information, visit:
www.routledge.com/9780415577625
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