China's Legal Reforms and Their Political Limits

This volume presents new insights into recent changes in the Chinese legal framework and reform policies in various areas crucial to China's modernisation process. It is based on six papers presented at an EU-supported workshop and discussions with China experts who have practical experience of co-operating with Chinese lawyers and government institutions. In the field of law-making, it describes the process by which China has prepared and adapted the enormous number and variety of laws and regulations needed to accommodate foreign interests in China and to convert China into a market economy. A detailed analysis of the judicial system and its treatment of human rights issues shows the limited capacity for rapid change and the continuing dominance of politics over the legal profession. The scope and significance of the introduction in 1995 and 1998 of non-tariff barriers for foreign companies is also examined. A study of several dozen privatised rural industries forms the basis of the discussion of property rights in shareholding companies, an essential part of the current privatisation process. The book aims to provide both China experts and those interested in legal change in transition economies with recent data and new views on China's rapidly developing legal system.