The Constitutional Structure Of Modern China

This book is prepared primarily for students who are interested in studying the constitutional development and government structure of twentieth-century China. Since the emergence of the Chinese consti tutional movement at the end of the nineteenth century, political institutions in China have undergone constant changes. The first four chapters treat of constitutional development and government systems from the latter part of the Ch'ing dynasty to the re-unification of China by the Nationalist Party in 1928. The other eight chapters deal with the policies, programs, and institutions of the Nationalist and Commu nist governments up to 1962. While treatises on various subjects have been consulted, the sources of this book are chiefly based on the official documents from the collections as indicated in the bibliography. Materials in the first few chapters are partly drawn from my previous works on government and politics in China. Because of the immense scope of the subject and the intricacy of the problems involved, this work is not intended to be exhaustive, but is rather a brief description and discussion of each topic under consideration. As there are many valuable works on China in general as well as on her history and inter national relations, I have tried not to cover what has already been dealt with by others. In my presentation of facts and views, I have endeavored to be as objective as possible, personal political convictions notwithstanding.

This book is a grand review of the centurial development of rule of law in China. It covers the most important issues in this area and presents “political constitution,” a new interpretative framework that allows the Chinese experience of rule of law to be more fully and correctly expressed. It is especially useful to scholars involved in the study of modern China. The main chapters of this book include: The Constituent Movement in the Late Qing Dynasty; The Xinhai (1911) Revolution; Constitution-making at the Beginning of the Republic of China; The Great Revolution in the 1920s; The Rise of the Party State and its Transition; The Founding of 1949 New China and its Early Constitutional Development; and The Dualist System of Rule of Law in the Reforming Times.

In The Constitutional Identity of Contemporary China: The Unitary System and Its Internal Logic, Han Zhai an account of constitutional identity merging with China’s constitutional history and her constitutional complex from a comparative perspective.

This book is prepared primarily for students who are interested in studying the constitutional development and government structure of twentieth-century China. Since the emergence of the Chinese consti tutional movement at the end of the nineteenth century, political institutions in China have undergone constant changes. The first four chapters treat of constitutional development and government systems from the latter part of the Ch'ing dynasty to the re-unification of China by the Nationalist Party in 1928. The other eight chapters deal with the policies, programs, and institutions of the Nationalist and Commu nist governments up to 1962. While treatises on various subjects have been consulted, the sources of this book are chiefly based on the official documents from the collections as indicated in the bibliography. Materials in the first few chapters are partly drawn from my previous works on government and politics in China. Because of the immense scope of the subject and the intricacy of the problems involved, this work is not intended to be exhaustive, but is rather a brief description and discussion of each topic under consideration. As there are many valuable works on China in general as well as on her history and inter national relations, I have tried not to cover what has already been dealt with by others. In my presentation of facts and views, I have endeavored to be as objective as possible, personal political convictions notwithstanding.

What is "Chinese” about China’s modern state? This book proposes that the state we see today has developed over the past two centuries largely as a response to internal challenges emerging from the late empire. Well before the Opium War, Chinese confronted such constitutional questions as: How does the scope of political participation affect state power? How is the state to secure a share of society’s wealth? In response to the changing demands of the age, this agenda has been expressed in changing language. Yet, because the underlying pattern remains recognizable, the modernization of the state in response to foreign aggression can be studied in longer perspective. The author offers three concrete studies to illustrate the constitutional agenda in action: how the early nineteenth-century scholar-activist Wei Yuan confronted the relation between broadened political participation and authoritarian state power; how the reformist proposals of the influential scholar Feng Guifen were received by mainstream bureaucrats during the 1898 reform movement; and how fiscal problems of the late empire formed a backdrop to agricultural collectivization in the 1950s. In each case, the author presents the "modern” constitutional solution as only the most recent answer to old Chinese questions. The book concludes by describing the transformation of the constitutional agenda over the course of the modern period.

This is an original interdisciplinary study of Chinese law, its language, and political institution. Evolving within a complex literary framework over thousands of years, Chinese language has lost its conceptual distinctiveness to its multilevel and overlapping meanings and connotations. Chinese law has become inflated with contrary rulings and exceptions. This mass of rules requires an extra-lingual (legal) authority to redefine boundaries and specify applications. This book follows and continues the author's, The Boundaries of Meaning and the Formation of Law (McGill University Press) by illustrating how language shapes the formation, application, and administration of law in various cultural environments. Law and Politics in Modern China is an important book for those interested in Chinese history, culture, law, and politics. It also provides refreshing insights about the way that law continues to function after its language matures and creates contradictions and loopholes within its system of rules--one of the most important issues facing Western legal administration in the immediate future.