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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

觀察中國早期帝國管治形態的視角眾多,其中最具資料根據的是地方簿籍制度的運行。自簡牘面世而來,學界對簿籍的歸類和分析未曾間斷,成為重要的研究基礎。現已知其運行地區之廣泛、針對範圍之精細,對於理解秦漢地區管治模式均有助益。然而,簡牘不僅是文字資料的承載物,本身的形制與書寫形態同樣是寶貴的考古資料遺存,在討論秦漢簿籍制度的過程中不能將三者割裂。 ; 本文的目的在於將秦漢簿籍系統置於地方行政的視野之下,帶出秦漢簿籍的歷史意義。分析的層次主要有二:第一,簿籍檔案的形制發展。里耶秦簡的面世提供了秦制資料,從秦到漢經歷了簿籍概念的成熟化和專門化過程;第二,在簿籍系統成熟的背景下出現眾多二次書寫形式。二次書寫的定義為在同一簡牘載體上出現兩次或三次的書寫次序,說明簿籍有自身的構成次序。涵蓋範圍包括糧食、金錢、人員流動以及物品記錄,簿籍構成的過程與帝國物資與人員流動的實況同步。二次書寫以及相應的簿籍構成過程與秦漢地方日常行政手續息息相關,對之作出辨認等同還原當時行政場境,同時也是體現秦漢地方管治實況的重要視角。 ; Documentation of local records is one of the most prominent indexes to evaluate the level of ancient state development by revealing the effectiveness of regional administration and the supervision of centralized government. The documentation system in Qin and Han Dynasties is the earliest accessible point allowing us to take a glimpse of the centralization process, which is marked by its extensive establishment in terms of both geography and range of recorded items. Excavated Qin and Han bamboo slips convey how the system developed and contributed to local administration. ; In pursuit of outlining the administrative role of documentation, this paper attempts to observe the formatting process of Qin and Han local documents by interpreting their outstanding, yet often overlooked, writing sequence. It is characterized by several indications, such as different hand-writings and deviating writing position, implying that local documents underwent at least two writing processes. It also illuminates the transition progress of local documents, their utility in different stages, and most importantly, the interrelation of recording and governing. Recognizing writing sequence on bamboo slips sheds light on the steps of documentation, details of daily administration, as well as how Qin and Han local authorities communicated. ; Detailed summary in vernacular field only. ; Detailed summary in vernacular field only. ; 梁煒傑. ; Thesis (M.Phil.) Chinese University of Hong Kong, 2015. ; Includes bibliographical references (leaves 232-249). ; Abstracts in English and Chinese. ; Liang ...