Vulnerabilities in China’s Legal System

Social Justice Research -     

Reorientation and prospect of China’s combat against corruption

Not as much significant achievements as expected have been made since China launched its fight against corruption decades ago, though the Chinese Communist Party, as the initiator and promoter of the anti-corruption reform, made great efforts and changed several orientations of the combat. The article analyzes the implications of newly reorientation towards institutional building and argues that the CCP’s guideline for combating corruption has impeded its progress, no matter what means adopted. The further progress in corruption control depends on the change of political structure and social development in China.

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China and India’s participation in global climate negotiations

In this paper, we discuss a range of issues concerning developing country participation in current global climate change mitigation negotiations, especially India and China. We argue that the problem of redefining ‘common yet differentiated responsibilities’ in a way which allows developing countries room to pursue their individual development goals while still achieving the necessary level of carbon mitigation is central to the debate. The choice of negotiating instruments, effective technology transfer and financial support, and other related issues have been raised principally by China and India, and may also be raised by several other countries. Kyoto non-compliance by Annex 1 countries will also greatly impact the negotiating power of China and India and other developing countries. We conclude that, once basic principles are clearly defined, the greatest incentive for China and India to participate in climate change negotiations is the prospect of future negotiating rounds that can be linked to a large number of climate change related issues, such as intellectual property, the potential for financial transfers and trade/market access.     

Effect of China’s rise on East Asian economic integration

This article discusses the effect of China’s economic rise on East Asian economic integration and concludes that the emergence of China as an increasingly important economic power has made a great contribution to Asian economic integration mainly through four channels: being a main importer and FDI destination country for most Asian countries under the processing export pattern; the renminbi’s more active image in the regional currency cooperation and its potential role as one of the core regional currencies in the future; playing a more important role in the regional political affairs and having an increasing potential to be part of the political core power (together with Japan); the demonstration and stimulative effects made by the motion of the FTA between China and ASEAN.

China’s private international law (1978–2008)

Since 1978, China’s private international law has made great achievements in publication of textbooks and reference materials, translation of foreign works, academic research, construction of subjects and disciplines as well as participation in international exchanges. The research on academic issues, to some extent, has helped to address various puzzles in legislation, judicature and construction of the discipline of China’s private international law, and has formed some theories in the representation of “one body of two wings.” Although there are still some flaws and issues, Chinese scholars in this field have both the capability and the mission to create a theoretical system for private international law with Chinese characteristics.     

Coase’s world and Coase’s blackboard

In this contribution I focus on a particular characteristic of Ronald Coase’s work, as exhibited in “The Problem of Social Cost”: his ability to force upon his audience a clearer grasp of reality than they previously held. More specifically, I aim to consider to what extent the “blackboard economics” that Coase himself derided have been avoided in a Coasean world, taking that expression to refer in some sense to a world where Coasean insights can flourish, and as such to be a world not simply of Coase’s own making but a world that has been developed by others in applying the Coase Theorem. My strategy is to interrogate the nature of a Coasean world through developing a framework that can look more closely at different approaches to theoretical modelling, the different worlds involved in these models, and the different positive and normative applications that can be derived from them. I shall further consider whether the understanding of the law that inhabits a Coasean world reflects a “real-world” legal environment. Finally, I shall seek to assess the impact of Coase’s work on our understanding of the relationship between law and economics, in our world.     

A critical review of past studies on China’s corrections and recidivism

This article reviews studies of China’s correctional system and recidivism in approximately the last two decades. Studies on the Chinese correctional system may be grouped into two subfields, one on studies of the correctional system itself (e.g., the composition and the function of the system), and the other on studies of prison inmates in other related topics (e.g., their criminal behavior). Studies on China’s recidivism showed a very low recidivism rate, and China’s crime prevention strategies were closely related to its societal structure and social control. Future studies in these two areas need to focus on the most recent changes in the Chinese criminal justice system, and gain more access to Chinese prisons to do empirical testing.

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Editor’s note

ABSTRACT

Over the past decade, a small movement endorsing the use of animal abuse registries (AARs) has emerged in the United States. Today, one state, 16 counties, and the City of New York have adopted AAR legislation, and 28 other states have attempted to pass such legislation. Here, we discuss similarities between AARs and sexual offender registries in theoretical terms, discuss the nature of AAR legislation, and provide data on the use of AARs, and count the number of offenders listed in those registries at two points in time. We also provide a count of animal abuse, and potential ways that animal abuse might be counted that are not addressed in current AAR legislation. We discuss whether AARs are ‘a good idea,’ especially as a policy response that might be associated with green criminology.     

Transformation of Macau policing: from a Portuguese colony to China’s SAR

This study examines policing in Macau and identifies major forces that have shaped its transformation over past decades. Prior to 1999, Macau was a Portuguese colony. Its criminal justice system inherited key features of the Continental system, including two independent law enforcement agencies: the Judiciary Police and the Public Security Police. In the colonial era, expatriate commanders drawn from the military or legal professions headed both departments, while the rank-and-file was composed mainly of local Chinese. This policing mechanism, together with the ‘laissez-faire’ policing philosophy adopted by colonial leaders, created segregation between policing agencies and the community. Citizens preferred minimal interaction with police, since they were skeptical about their professionalism, capability, and reliability. Macau became part of the Peoples’ Republic of China in 1999. The de-monopolization of the gaming industries in 2002 brought huge GDP growth, but generated internal social conflict. Growing public demand for accountable governance motivated a series of governmental reforms, some of which have extended to policing. These reforms have improved the transparency of policing, but it remains to be seen if they will ultimately succeed in generating public trust in the police forces.     

China’s ten years in the wto: its performance and new challenges

Becoming a member of the WTO in 2001 was a historic event of great significance during the process of China’s reform and opening up. Since then, China has steadily pushed forward the reform and opening up policy, proactively seizing the opportunities of economic globalization and positively utilizing the multilateral trading system to develop economic and trade relations with other countries, all of which have contributed to the great economic and social achievements during the first decade of 21st century. However, there are different opinions on China’s futuristic role in the WTO, and those disagreements resulting from various interest preferences are not only one-sided and limited, but also triggering off the discussions on the criteria to assess China’s performance in the WTO. This article argues that China’s activities in the WTO (i.e., implementing WTO commitments, participating in the Doha Round negotiation, the dispute settlement and trade policy review) should be a kind of assessment criteria. Based on comprehensive observation of China’s performance in the WTO, it is concluded in this article that China’s participation in the WTO system and global trade governance extends the scope of world trade law, improves its effectiveness, constitutes China’s new contributions to implement treaty obligations in good faith, resolves peacefully international trade disputes, and maintains substantively the international rule of law. At the same time, it has not only caused new driving forces for international trading system, but also made China face new challenges in the WTO.