Foreign investment in China : the administrative legal system
Includes bibliographical references (p. [291]-309) and index ; China's legal system is characterized by the gap between law and reality. Focusing on regulatory law, and with reference to the foreign investment area, this book identifies the functional and structural problems within China's administrative legal system that perpetuate this gap. Topics examined in depth include China's unusual hierarchy of legislation, the lack of clear delineation between legal and policy norms, the great scope of discretion accorded to bodies charged with legal interpretation and implementation, the limited scope of judicial review, and the resulting problems of legislative inconsistency and haphazard legal enforcement. The book contends that China's legal system is being built on a faulty and incomplete basis, and that if these problems remain unaddressed, China's legal future is at risk ; published_or_final_version ; List of Diagrams ; Foreword ; Acknowledgments ; List of Abbreviations ; Bibliography p291 ; List of Statutes p311 ; Glossary of Chinese Words p321 ; Index p327 ; Ch. 1.Law and Reality ; Ch. 2.China's Administrative Legal Structure ; Ch. 3.Legal Flexibility ; Ch. 4.Legal Consistency ; Ch. 5.Implementation of Law ; Ch. 6.Legal Supervision ; Ch. 7.Conclusion ; The Role of Law and Its Contribution to Social Cohesion p4 ; The Basic Consensus Underpinning Social Order in Imperial China p17 ; Legal Reform 1904-1949: The Beginning of Normative Dislocation p20 ; The Manufacture and Breakdown of Consensus Underpinning China's Social, Political and Legal Order - 1949-78 p21 ; The Era of Reform (1978-Present) - The Attempt to Reconstruct Consensus Through Law p33 ; Law and Policy as Agents of Social Change p42 ; Renewal of Legitimacy Through Law p46 ; Lawmaking and Discretion p54 ; Hierarchy of Legislative Authority p55 ; Inherent and Conferred Power of State Power Organs and Administrative Bodies to Make Law p56 ; Lawmaking at the National Level p59 ; Lawmaking at the Local Level p83 ; Characteristics of Legal Drafting p95 ; Bringing Law Down to Reality - Specification and Administrative Interpretation p104 ; Normative Documents p105 ; Specification by State Council Departments p110 ; Specification by Local Government and Local Functional Departments p124 ; Legal Interpretation p135 ; Constitutional Supervision p148 ; Legislative Supervision p153 ; The Legal Status of Administrative Rules, Administrative Interpretations and Normative Documents p159 ; The Non-Application of Conflicting Rules and Normative Documents by Judicial and Quasi-Judicial Bodies p172 ; Tools of Legal Enforcement: Types of Specific Administrative Acts p190 ; Normative References Underlying the Policies of Legal Implementation Adopted by Administrative Bodies p222 ; Judicial Review and China's Lack of an Independent Legal Tradition p244 ; Administrative Review Organs and Their Ability (or Inability) to Perform Impartial Reviews of Administrative Action p260 ; Supervision by the Supreme People's Procuratorate p261 ; Supervision of Legal Implementation by Legislative, Administrative and Party Organs p263 ; The Implications of Continued Legal Dislocation p284 ; Preconditions for Further Development and Reform p285