The Rule of Law in China and Comparative Perspectives
About the Book Series
There is no doctrine more effective than the rule of law in portraying the complex transformation of Chinese society from the rule of men towards the rule of law - a process inaugurated in post-Mao China which is continuing to advance legal reforms to the present day. In other parts of the world, striving for the rule of law is also evident: countries in transition face a similar mission, while the developed democratic countries are forced to tackle new challenges in retaining the high benchmark of the rule of law that has been established.
Research on the legal system in China and in comparison with other countries in the framework of the rule of law covers broad topics of public and private law, substantive law and procedural law, citizens’ rights and law enforcement by courts. Based on this broad understanding of the rule of law, the series presents international scholarly work on modern Chinese law including: comparative perspectives, interdisciplinary, and empirical studies.
Dispute Settlement and the Belt and Road Initiative: Towards a Rules-based Approach
1st Edition
By Jamieson M. Kirkwood
December 05, 2025
This book presents a response to the numerous calls for instituting a rules-based approach in Belt and Road Initiative (BRI) dispute resolution. The theoretical framework developed here builds a case that the BRI is a demonstration of China’s growing use of “soft power” and that BRI dispute ...
National Security in International and Domestic Investment Law: Dynamics in China and Europe
1st Edition
Edited
By Yuwen Li, Feng Lin, Cheng Bian
June 27, 2025
This book offers a dynamic introduction to the new developments on national security review of foreign direct investment (FDI) from the perspectives of both domestic law and international investment law. COVID-19 and the Russian invasion of Ukraine have intensified FDI screening to an unprecedented...
International Investment and Dispute Settlement: Understanding the China–European Union Comprehensive Agreement on Investment
1st Edition
By Chunlei Zhao
January 29, 2024
This book analyzes the dispute settlement mechanisms under the EU-China Comprehensive Agreement on Investment (CAI), including the already established mechanisms for general state-to-state dispute settlement and the Mechanism to Address Differences for investment and sustainable development issues....
Effective Environmental Regulation in China: Reflections on the Experience of European Union Legislation on Environmental Permits
1st Edition
By Federico Pasini
January 09, 2023
Though recently improved, Chinese legislation on environmental permits is still weak and urgent measures are needed to help the country in moving towards an effective permitting system. This book examines this legislation gap and presents a contribution to solving China’s pollution problems. By ...
Environmental Protection, China and International Trade: Greening the WTO Ban on Chinese Export Duties
1st Edition
By Fengan Jiang
January 09, 2023
This book argues for a balanced approach to ‘greening’ the World Trade Organization (WTO) ban on China’s export duties without opening the floodgates to protectionism. As a result of the China—Raw Materials and China—Rare Earths decisions, China is largely prohibited from using export duties to ...
The Making of Chinese Criminal Law: The Preventive Shift in the Context of the Eighth Amendment
1st Edition
By Ying Ji
September 26, 2022
By examining the reasons behind the preventive criminalization of Chinese criminal law, this book argues that the shift of criminal law generates popular expectations of legislative participation, and meets punitive demands of the public, but the expansion of criminal law lacks effective ...
Law and Social Solidarity in Contemporary China: A Durkheimian Analysis
1st Edition
By Han Peng
August 01, 2022
This book adopts Durkheim’s legal perspective to treat law as a symbol of social solidarities to examine Chinese society. The work analyzes changes in the nature of social solidarity from observing changes in laws, thus drawing together western socio-legal theory and distinctive Chinese conditions...
National Security Review of Foreign Investment: A Comparative Legal Analysis of China, the United States and the European Union
1st Edition
By Cheng Bian
December 13, 2021
In recent years, China, the US, and the EU and its Member States have either promulgated new national laws and regulations or drastically revised existing ones to exert more rigorous government control over inward foreign direct investment (FDI). Such government control pertains to the ...
Hong Kong Constitutionalism: The British Legacy and the Chinese Future
1st Edition
By Richard Cullen
September 30, 2021
Hong Kong is widely regarded as an exemplar of authoritarian jurisdictions with a positive history of adhering to Rule of Law–shaped governance systems. British Hong Kong provides a remarkable story of the effective development and consolidation of such a system, which has continued to apply since ...
The Power of the Supreme People's Court: Reconceptualizing Judicial Power in Contemporary China
1st Edition
By Ding Qi
March 31, 2021
This book explores the recent development of the Supreme People’s Court of China, the world’s largest highest court. Recognizing that its approach to exercising power in an authoritarian context has presented a challenge to the understanding of judicial power in both democratic and non-democratic ...
China’s Insolvency Law and Interregional Cooperation: Comparative Perspectives from China and the EU
1st Edition
By Xinyi Gong
August 14, 2020
As a result of resumption of sovereignty over Hong Kong and Macao as well as the uncertain relationship between the Mainland and Taiwan, China has become a country composed of peculiar political compounds, resulting in four independent jurisdictions. This makes inter-regional legal cooperation a ...
China, the EU and International Investment Law: Reforming Investor-State Dispute Settlement
1st Edition
Edited
By Yuwen Li, Tong Qi, Cheng Bian
October 29, 2019
This book provides an original and critical analysis of the most contentious subjects being negotiated in the China–EU Comprehensive Agreement on Investment (CAI). It focuses on the pathway of reforming investor-state dispute settlement (ISDS) from both Chinese and European perspectives in the...