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In: Schriften des Zentrums für Europäische und Internationale Strafrechtsstudien Band 5
In: V&R e Library
In: Forschungen zum Alten Testament. 2. Reihe 84
In: Texts and studies in ancient Judaism 164
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
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Problems in the sphere of national security of Lithuania draw attention to the fact that the management and use of information as a traditional working method of law enforcement institutions is changeable because of the increased involvement of security services and their attention towards current threats to security. Observation over the running and fast changing integration processes in the European Union in the sphere of law reforms, provision of security and significant social processes, as well as their study acquire not just a theoretical but also a more practical importance. It requires a close attention within a scientific community, namely, the representatives of legal sciences. The work presents the current issues and latest trends of development in the sphere of law regulation of the public security stipulated by the adoption of the Law of Criminal Intelligence of the Republic of Lithuania, which have not received yet a comprehensive and detailed reflection in scientific debates. Therefore, it is necessary to analyse the implementation of this legal instrument in the sphere of secret activity of Lithuania's security at the present stage within the globalisation process. The author applied general scientific methods of studying objective reality and means and techniques peculiar to legal sciences. As a result, the significance and urgency of this legal instrument as a guarantee for protection of democratic values and human rights and freedoms have been emphasised.
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Problems in the sphere of national security of Lithuania draw attention to the fact that the management and use of information as a traditional working method of law enforcement institutions is changeable because of the increased involvement of security services and their attention towards current threats to security. Observation over the running and fast changing integration processes in the European Union in the sphere of law reforms, provision of security and significant social processes, as well as their study acquire not just a theoretical but also a more practical importance. It requires a close attention within a scientific community, namely, the representatives of legal sciences. The work presents the current issues and latest trends of development in the sphere of law regulation of the public security stipulated by the adoption of the Law of Criminal Intelligence of the Republic of Lithuania, which have not received yet a comprehensive and detailed reflection in scientific debates. Therefore, it is necessary to analyse the implementation of this legal instrument in the sphere of secret activity of Lithuania's security at the present stage within the globalisation process. The author applied general scientific methods of studying objective reality and means and techniques peculiar to legal sciences. As a result, the significance and urgency of this legal instrument as a guarantee for protection of democratic values and human rights and freedoms have been emphasised.
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Problems in the sphere of national security of Lithuania draw attention to the fact that the management and use of information as a traditional working method of law enforcement institutions is changeable because of the increased involvement of security services and their attention towards current threats to security. Observation over the running and fast changing integration processes in the European Union in the sphere of law reforms, provision of security and significant social processes, as well as their study acquire not just a theoretical but also a more practical importance. It requires a close attention within a scientific community, namely, the representatives of legal sciences. The work presents the current issues and latest trends of development in the sphere of law regulation of the public security stipulated by the adoption of the Law of Criminal Intelligence of the Republic of Lithuania, which have not received yet a comprehensive and detailed reflection in scientific debates. Therefore, it is necessary to analyse the implementation of this legal instrument in the sphere of secret activity of Lithuania's security at the present stage within the globalisation process. The author applied general scientific methods of studying objective reality and means and techniques peculiar to legal sciences. As a result, the significance and urgency of this legal instrument as a guarantee for protection of democratic values and human rights and freedoms have been emphasised.
BASE
Problems in the sphere of national security of Lithuania draw attention to the fact that the management and use of information as a traditional working method of law enforcement institutions is changeable because of the increased involvement of security services and their attention towards current threats to security. Observation over the running and fast changing integration processes in the European Union in the sphere of law reforms, provision of security and significant social processes, as well as their study acquire not just a theoretical but also a more practical importance. It requires a close attention within a scientific community, namely, the representatives of legal sciences. The work presents the current issues and latest trends of development in the sphere of law regulation of the public security stipulated by the adoption of the Law of Criminal Intelligence of the Republic of Lithuania, which have not received yet a comprehensive and detailed reflection in scientific debates. Therefore, it is necessary to analyse the implementation of this legal instrument in the sphere of secret activity of Lithuania's security at the present stage within the globalisation process. The author applied general scientific methods of studying objective reality and means and techniques peculiar to legal sciences. As a result, the significance and urgency of this legal instrument as a guarantee for protection of democratic values and human rights and freedoms have been emphasised.
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