Legal reforms in China and Vietnam : a comparison of Asian communist regimes

著者

書誌事項

Legal reforms in China and Vietnam : a comparison of Asian communist regimes

John Gillespie and Albert H.Y. Chen

(Routledge law in Asia / series editor, Randall Peerenboom, 8)

Routledge, 2010

  • : hbk

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注記

Includes bibliographical references and index

収録内容

  • Comparing legal development in China and Vietnam : an introduction / John Gillespie and Albert Chen
  • Rule of law, democracy and the sequencing debate : lessons from China and Vietnam / Randall Peerenboom
  • Legal thought and legal development in the People's Republic of China 1949-2008 / Albert H. Y. Chen
  • The juridification of state regulation in Vietnam / John Gillespie
  • Toward regulatory neutrality in a party-state : a review of administrative law reforms in China / Zheng Ge
  • Achievements and challenges in developing a law-based state in contemporary Vietnam : how to shoe a turtle? / Matthieu Salomon and Vu Doan Ket
  • Access to justice in China : potentials, limits, and alternatives / Fu Hualing
  • Access to justice in Vietnam : state supply - private distrust / Pip Nicholson
  • Commercial regulatory reform in China during transition : an alternative path to the regulatory state / Leng Jing
  • The development of commercial regulation in Vietnam's market economy / Melanie Beresford
  • China's lawyers and their training : enduring influences and disconnects / Alison Conner
  • Legal education and the legal profession in contemporary Vietnam : tradition and modification / Bui Bich Thi Lien
  • Bottom-up regulation by associations and companies in China / Chenxia Shi
  • Legal diffusion and the role of non-state actors in shaping the regulatory in Vietnam / Nguyen Hung Quang

内容説明・目次

内容説明

Although the adoption of market reforms has been a key factor leading to China's recent economic growth, China continues to be governed by a communist party and has a socialist-influenced legal system. Vietnam, starting later, also with a socialist-influenced legal system, has followed a similar reform path, and other countries too are now looking towards China and Vietnam as models for development. This book provides a comprehensive, comparative assessment of legal developments in China and Vietnam, examining similarities and differences, and raising important questions such as: Is there a distinctive Chinese model, and/or a more general East Asian Model? If so, can it be flexibly applied to social and economic conditions in different countries? If it cannot be applied to a culturally and politically similar country like Vietnam, is the model transportable elsewhere in the world? Combining 'micro' or interpretive methods with 'macro' or structural traditions, the book provides a nuanced account of legal reforms in China and Vietnam, highlighting the factors likely to promote, change or resist the spread of the Chinese model.

目次

Part I Introduction. Chapter 1 Introduction: China and Vietnam Compared Albert Chen and John Gillespie. Chapter 2 Sequencing Chinese Legal Development Professor Randall Peerenboom. Part II Debating legal development in China and Vietnam. Chapter 3 Legal Thought and Legal Development in the People's Republic of China Albert Chen. Chapter 4 The Juridification of State Regulation in Vietnam John Gillespie. Part III Developing an Administrative Law System. Introduction: Michael Dowdle. Chapter 5 Towards Regulatory Neutrality in a Party-State? A Review of Administrative Law Reforms in China Assistant Dr Zheng Ge. Chapter 6 Achievements and challenges in developing an administrative law system in contemporary Vietnam Vu Doan Ket and Matthieu Salomon. Part III Public access to justice. Introduction: Nicholas Booth. Chapter 7 Access to Justice in China: Potentials, Limits and Alternatives Fu Hualing. Chapter 8 Publication and Public Access: the largely inaccessible Vietnamese court decision Pip Nicholson. Part IV Commercial regulatory reforms. Introduction: Donald Clarke. Chapter 9 Commercial Regulatory Reform in China during Transition: An Alternative Path to the Regulatory State Assistant Dr Leng Jing. Chapter 10 Vietnam: The development of commercial regulation in Vietnam Melanie Beresford. Part V The evolving role of legal education Introduction: Jerry Cohen. Chapter 11 China's Lawyers and their Training: Enduring Influences and Disconnects Alison Conner. Chapter 12 Legal Education in Vietnam: To Change or Not to Change? Bui Bich Thi Lien. Part VII Legal diffusion: the role of non-state actors in shaping the regulatory environment. Introduction: Michael Dowdle. Chapter 13 China: Business Lobbying in China in Comparative Perspective Scott Kennedy. Chapter 14 By-passing the state: Non-state regulation in Vietnam Nguyen Hung Quang. Conclusion: Reflections on legal development in China and Vietnam Albert Chen and John Gillespie.

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