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Foreign Investment in China : The Administrative Legal System Book

Foreign Investment in China : The Administrative Legal System
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Foreign Investment in China : The Administrative Legal System, 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, Foreign Investment in China : The Administrative Legal System
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  • Foreign Investment in China : The Administrative Legal System
  • Written by author Peter H. Corne
  • Published by Hong Kong University Press, 1996/03/31
  • 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
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List of Diagrams
Foreword
Acknowledgments
List of Abbreviations
Ch. 1 Law and Reality
The Role of Law and Its Contribution to Social Cohesion 4
The Basic Consensus Underpinning Social Order in Imperial China 17
Legal Reform 1904-1949: The Beginning of Normative Dislocation 20
The Manufacture and Breakdown of Consensus Underpinning China's Social, Political and Legal Order - 1949-78 21
The Era of Reform 1978-Present - The Attempt to Reconstruct Consensus Through Law 33
Law and Policy as Agents of Social Change 42
Renewal of Legitimacy Through Law 46
Ch. 2 China's Administrative Legal Structure
Lawmaking and Discretion 54
Hierarchy of Legislative Authority 55
Inherent and Conferred Power of State Power Organs and Administrative Bodies to Make Law 56
Lawmaking at the National Level 59
Lawmaking at the Local Level 83
Ch. 3 Legal Flexibility
Characteristics of Legal Drafting 95
Bringing Law Down to Reality - Specification and Administrative Interpretation 104
Normative Documents 105
Specification by State Council Departments 110
Specification by Local Government and Local Functional Departments 124
Legal Interpretation 135
Ch. 4 Legal Consistency
Constitutional Supervision 148
Legislative Supervision 153
The Legal Status of Administrative Rules, Administrative Interpretations and Normative Documents 159
The Non-Application of Conflicting Rules and Normative Documents by Judicial and Quasi-Judicial Bodies 172
Ch. 5 Implementation of Law
Tools of Legal Enforcement: Types of Specific Administrative Acts 190
Normative References Underlying the Policies of Legal Implementation Adopted by Administrative Bodies 222
Ch. 6 Legal Supervision
Judicial Review and China's Lack of an Independent Legal Tradition 244
Administrative Review Organs and Their Ability or Inability to Perform Impartial Reviews of Administrative Action 260
Supervision by the Supreme People's Procuratorate 261
Supervision of Legal Implementation by Legislative, Administrative and Party Organs 263
Ch. 7 Conclusion
The Implications of Continued Legal Dislocation 284
Preconditions for Further Development and Reform 285
Bibliography 291
List of Statutes 311
Glossary of Chinese Words 321
Index 327


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Foreign Investment in China : The Administrative Legal System, 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, Foreign Investment in China : The Administrative Legal System

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Foreign Investment in China : The Administrative Legal System, 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, Foreign Investment in China : The Administrative Legal System

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Foreign Investment in China : The Administrative Legal System, 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, Foreign Investment in China : The Administrative Legal System

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