Constitutional Development In China, 1982-2012

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This volume presents an overview of the evolution of the current Chinese Constitution (1982) and the characteristics of constitutional studies since 1978. Readers are introduced to the basic principles of constitutional system in China and gain insights into the real state of Chinese law, allowing them to form their own opinions. It will also aid commercial communications with Chinese legal professionals as well as enterprises. The book covers a number of topics, including the history of constitutional communication between Chinese constitutionalists and the International Association of Constitutional Law since 1981, the most important academic contributions to international conferences concerning constitutional law by Chinese constitutionalists, the main characteristics of the current Chinese Constitution in the field of constitutional studies in China, the key issues of constitutional practice and implementation in China, the challenges of running the fundamental political system of the People’s Representative Congress and the characteristics of rule of law specific to China.

Author(s): Lin Li, Jihong Mo, Guoqiang Zhai
Series: Research Series On The Chinese Dream And China’s Development Path
Publisher: Springer
Year: 2020

Language: English
Pages: 426
Tags: Private International Law, International & Foreign Law, Comparative Law

Front Matter ....Pages i-xxxviii
Review and Outlook of the “1982 Constitution” (Buyun Li)....Pages 1-13
Constitutional Research in China: A Thirty-Year Review and Future Outlook: Marking the 30th Anniversary of the Promulgation of the 1982 Constitution and the First Anniversary of the Founding of China Constitutional Research Association (Dayuan Han, Honghong Hu)....Pages 15-45
Continuous Growth in Reform and Opening-up: Three Decades of Development of Constitutional Law Studies in China (Jihong Mo, Guoqiang Zhai)....Pages 47-130
The International Perspective: Thirty Years of International Outreach and Exchanges (1981–2012) (Jihong Mo)....Pages 131-139
The Chinese Constitution as the Fundamental Law and Supreme Law of the Land: Marking the 30th Anniversary of the Adoption of the 1982 Constitution (Jinxue Fan)....Pages 141-165
Constitutionalism and Revolution: Reflections on and Outlook for the 1982 Constitution (Xiaobing Li)....Pages 167-187
Toward Academic Consciousness: Review of Theoretical Studies on Basic Rights Over the Past Thirty Years (Hailiang Yan, Xiaobiao Cui)....Pages 189-220
The 1982 Constitution and Human Rights: Thirty Years of Social Change and Its Constitutional Implications (Zhang Zhen)....Pages 221-234
State Organs: Three Decades of Structural Change and Institutional Development (Hongchang Jiao, Qiang Ye)....Pages 235-263
The President as the Head of State: Review and Reflections (Ling Ma)....Pages 265-281
Values in the Constitution: Fifteen Years of Exploration (Qian Zhao)....Pages 283-298
Implementation of the Constitution: Evaluation Method and Impact Assessment (Jihong Mo)....Pages 299-317
Legislative Application of the Constitution: Key Features and Critical Analysis (Jihong Mo)....Pages 319-361
Study of the Applicability of the Constitution in Judicial Proceedings (Mo Jihong)....Pages 363-387
Back Matter ....Pages 389-399