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China's Long March toward Rule of Law, by Randall Peerenboom
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China has enjoyed considerable economic growth in recent years in spite of an immature, albeit rapidly developing, legal system, a system whose nature, evolution and path of development have been poorly understood by scholars. Drawing on his legal and business experience in China as well as his academic background in the field, Peerenboom provides a detailed analysis of China's legal reforms. He argues that China is in transition from rule by law to a version of rule of law, though most likely not a liberal democratic version as found in economically advanced countries in the West. Maintaining that law plays a key role in China's economic growth, Peerenboom assesses reform proposals and makes his own recommendations. In addition to students and scholars of Chinese law, political science, sociology and economics, this will interest business professionals, policy advisors, and governmental and non-governmental agencies as well as comparative legal scholars and philosophers.
- Sales Rank: #1930642 in eBooks
- Published on: 2002-09-26
- Released on: 2002-09-26
- Format: Kindle eBook
Review
"Peerenboom gives the rule of law in China a truly comprehensive, magisterial coverage in this book...it will occupy a central place in the literature on legal development in China for years to come." American Journal of Sociology
"Randall Peerenboom's China's Long March towards Rule of Law is an exhaustive compendium on the legal and political system of the People's Republic of China. [It is] a great ride. It could serve as one of the texts in courses on PRC law in both law schools and other venues."
China Review International
About the Author
Randy Peerenboom is a Professor of Law at UCLA Law School. He obtained a B.A. in Philosophy, M.A. in Chinese Religion and Ph.D. in Philosophy before obtaining a J.D. from Columbia Law School. In addition to serving as an expert witness on PRC legal issues, he has been a consultant to the Ford
Foundation and the Asian Development Bank on legal reforms and rule of law in China. Having practiced for several years with a major international law firm in Beijing, he is currently Of Counsel at Zhonglun Law Firm, one of China's leading foreign investment firms.
Randall Peerenboom is a Professor of Law at La Trobe University and an Associate Fellow of the Oxford University Centre for Socio-Legal Studies. He is a former Director of the Oxford Foundation for Law, Justice and Society Rule of Law in China Programme, and was Professor at the University of California, Los Angeles Law School from 1998 to 2007. He has been a consultant to the Asian Development Bank, Ford Foundation, EU-China, UNDP, and other international organizations on legal reforms and rule of law in China and Asia, and is the Co-Editor in Chief of The Hague Journal of Rule of Law. He is also a CIETAC arbitrator and frequently serves as expert witness on PRC legal issues. Recent books include The Dynamics of Rule of Law in an Era of International and Transnational Governance (edited with Michael Zurn and Andre Noelkamper, Cambridge University Press, 2012); Judicial Independence in China (edited, Cambridge University Press, 2010); Regulation in Asia: Pushing Back on Globalization (edited with John Gillespie, 2009); and China Modernizes: Threat to the West or Model for the Rest? (2007).
Most helpful customer reviews
17 of 19 people found the following review helpful.
A Must Read for Any China Watcher
By Prince Roy
I am fortunate enough to have been a student of Professor Peerenboom's at the UCLA School of Law where he practically teaches the contents of this book in his Comparative Law: China course.
While I'm not the biggest fan of his thin/thick rule of law approach, or of his categorization of China's possible rule of law systems into four groups, plus a 'Rule by Law' alternative, this theoretical framework largely succeeds in introducing the reader to China's somewhat byzantine legal system, and the enormous number of problems China's legal reformers face in its overhaul.
Professor Peerenboom is at his best when he takes the reader through the different elements that compose the Chinese legal world, and he does a fantastic job of imparting to the reader these complexities and how they all interrelate/integrate.
What I most admire about Professor Peerenboom's scholarship is how his analyses incorporate a multitude of highly complicated aspects overlooked to some degree by almost everyone else.
2 of 7 people found the following review helpful.
An American Lawyer Looking for Business
By Grant
Completely useless and another sign of the continued naivette on the US in re to China....as well as the collapsing and desperate legal "industry" in the US. Its insulting for the Chinese to think that they would "adopt" the US legal system after it proved to be a key factor in the US economic collapse, and continues to be a huge drain on economic and intellectual resources.
The Rule by Law NORM is presented as some type of alternative, and its pretty disingeneous to claim there are "legal reformers" trying to "overhaul" the system. The concept of Rule by Law is extremely important in understanding the "legal system" in China.
Those wishing to try and comprehend the "law" in China should check out the China Law Blog. Though you still have utterly baseless, typical American naive claims that "the Chinese system is changing.." at time, and US lawyers making their case they they are important when doing business in China, there are solid stories of how the Party maintains Confucianism (note I dont use the term "law" here) and order. The stories of typical business conflicts are also presented. One very important concept that law students need to recognize is the near uselessness of western contracts when dealing with the Chinese.
As for the author of the book, perhaps he is interested in a sabbatical at a top Chinese university to put on his resume and, of course, legal clients (i.e. especially clueless US companies eager to establish operations in China believing that lawyers are necessary to draw up very detailed contracts, etc. and other expensive, useless "advice").
Lastly, if you are expecting to curry favor with potential Chinese clients heading to the US. Good luck.
Regards,
20 years in Asia, doing business in China since 96'
0 of 0 people found the following review helpful.
Five Stars
By nagayama
Thank you very much.
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