FOREIGN INVESTMENT IN CHINA THE ADMINISTRAIVE LEAL SYSTEMPDF电子书下载

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Chapter 1 Law and Reality 1

Introduction 1

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

Conclusion 50

Chapter 2 China's Administrative Legal Structure 51

Introduction 51

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

Conclusion 90

Chapter 3 Legal Flexibility 93

Introduction 93

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

Conclusion 145

Chapter 4 Legal Consistency 147

Introduction 147

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

Conclusion 186

Chapter 5 Implementation of Law 189

Introduction 189

Tools of Legal Enforcement: Types of Specific Administrative Acts 190

Normative References Underlying the Policies of Legal Implementation Adopted by Administrative Bodies 222

Conclusion 241

Chapter 6 Legal Supervision 243

Introduction 243

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

Conclusion 280

Chapter 7 Conclusion 283

Summary 283

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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