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The Politics Of Law And Stability In China

The Politics Of Law And Stability In China

Author: Susan Trevaskes; Elisa Nesossi; Flora Sapio; Sarah Biddulph
Publisher: Edward Elgar Publishing
ISBN: 9781783473861
Published In: July 2014
Format: Hardback , 304 pages
Jurisdiction: China ? Disclaimer:
Countri(es) stated herein are used as reference only

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‘This fascinating book explores how issues of law and justice are being re-defined by China’s obsession with ‘social stability’ and how this might impact upon claims to legitimacy that the Party-state advances. A first-rate team of experts put their lens on a wide range of important areas including trial and settlement practices, administrative law, criminal justice, environmental pollution, labor relations, land ownership, policing and welfare. Each contribution offers key insights into how we should understand the effects of China’s response to increasing social discord.’
– Mike McConville, The Chinese University of Hong Kong

The Politics of Law and Stability in China examines the nexus between social stability and the law in contemporary China. It explores the impact of Chinese Communist Party’s (CCP) rationales for social stability on legal reforms, criminal justice operations and handling of disputes and social unrest inside and outside China’s justice agencies.

The book presents an extensive investigation into the conceptual and empirical approaches by the Party-state to the management of Chinese citizen complaint and unrest. It explores how the Party-state responds to what it sees as potentially de-stabilizing social action such as public protest, discord, deviance and criminal behaviour. This timely and important study reaches across a broad variety of areas within the legal sphere, including substantive criminal law and criminal procedure law reform, labour law, environment and land disputes, policing and surveillance, and anti-corruption drives. The central thread running through all the chapters concerns how the imperative of social stability has underpinned key Party-state approaches to social management and responses to crime, legal disputes and social unrest across the last decade in China.

This book will appeal to lawyers, political science scholars and social scientists in the area of China studies. Scholars generally interested in Chinese criminal law and criminal law procedures will also find much in this book that will be of interest to them.

Preface
1. A Short History of the Arbitral Settlement of Interstate Disputes till the Establishment of the PCIJ
2. The Legislative History of the Optional Clause and its Conception
3. Declarations Accepting the Compulsory Jurisdiction of the Court
4. Admissibility of Reservations to Declarations of Acceptence
5. The Legal Character of the Optional Clause System
6. Reciprocity and the System of Optional Clause Declarations
7. Generally Accepted Reservations to Declarations of Acceptance
8. Destructive Reservations
9. Termination and Amendment of Declarations of Acceptance
10. Objecting to the Court’s Jurisdiction
11. Reconsidering the Optional Clause System

Edited by Susan Trevaskes, Griffith University, Elisa Nesossi, Australian National University, Flora Sapio, The Chinese University of Hong Kong and Sarah Biddulph, University of Melbourne, Australia