Original Title in English
By Authors: John Gillespie, Albert Chen
Publisher: Routledge, UK, ISBN:978-0-415-56104-4 (hardback) 978-0-203-85269-9 (electronic)
About the Book: Although the adoption of market reforms has been a key factor leading to China's recent economic growth, China continues to be governed by a communist party and has a socialist-influenced legal system. Vietnam, starting later, also with a socialist-influenced legal system, has followed a similar reform path, and other countries too are now looking towards China and Vietnam as models for development.
This book provides a comprehensive, comparative assessment of legal developments in China and Vietnam, examining similarities and differences, and raising important questions such as: Is there a distinctive Chinese model, and/or a more general East Asian Model? If so, can it be flexibly applied to social and economic conditions in different countries? If it cannot be applied to a culturally and politically similar country like Vietnam, is the model transportable elsewhere in the world? Combining 'micro' or interpretive methods with 'macro' or structural traditions, the book provides a nuanced account of legal reforms in China and Vietnam, highlighting the factors likely to promote, change or resist the spread of the Chinese model.
By Authors: John Gillespie, Albert Chen
Publisher: Routledge, UK, ISBN:978-0-415-56104-4 (hardback) 978-0-203-85269-9 (electronic)
About the Book: Although the adoption of market reforms has been a key factor leading to China's recent economic growth, China continues to be governed by a communist party and has a socialist-influenced legal system. Vietnam, starting later, also with a socialist-influenced legal system, has followed a similar reform path, and other countries too are now looking towards China and Vietnam as models for development.
This book provides a comprehensive, comparative assessment of legal developments in China and Vietnam, examining similarities and differences, and raising important questions such as: Is there a distinctive Chinese model, and/or a more general East Asian Model? If so, can it be flexibly applied to social and economic conditions in different countries? If it cannot be applied to a culturally and politically similar country like Vietnam, is the model transportable elsewhere in the world? Combining 'micro' or interpretive methods with 'macro' or structural traditions, the book provides a nuanced account of legal reforms in China and Vietnam, highlighting the factors likely to promote, change or resist the spread of the Chinese model.
Table of Contents
- Part I Introduction
- Chapter 1 Introduction: China and Vietnam Compared Albert Chen and John Gillespie;
- Chapter 2 Sequencing Chinese Legal Development Professor Randall Peerenboom;
- Part II Debating legal development in China and Vietnam
- Chapter 3 Legal Thought and Legal Development in the People's Republic of China Albert Chen;
- Chapter 4 The Juridification of State Regulation in Vietnam John Gillespie;
- Part III Developing an Administrative Law System
- Introduction: Michael Dowdle;
- Chapter 5 Towards Regulatory Neutrality in a Party-State? A Review of Administrative Law Reforms in China Assistant Dr Zheng Ge;
- Chapter 6 Achievements and challenges in developing an administrative law system in contemporary Vietnam Vu Doan Ket and Matthieu Salomon;
- Part IV Public access to justice
- Introduction: Nicholas Booth;
- Chapter 7 Access to Justice in China: Potentials, Limits and Alternatives Fu Hualing;
- Chapter 8 Publication and Public Access: the largely inaccessible Vietnamese court decision Pip Nicholson;
- Part V Commercial regulatory reforms
- Introduction: Donald Clarke;
- Chapter 9 Commercial Regulatory Reform in China during Transition: An Alternative Path to the Regulatory State Assistant Dr Leng Jing;
- Chapter 10 Vietnam: The development of commercial regulation in Vietnam Melanie Beresford;
- Part VI The evolving role of legal education Introduction: Jerry Cohen;
- Chapter 11 China's Lawyers and their Training: Enduring Influences and Disconnects Alison Conner;
- Chapter 12 Legal Education in Vietnam: To Change or Not to Change? Bui Bich Thi Lien;
- Part VII Legal diffusion: the role of non-state actors in shaping the regulatory environment
- Introduction: Michael Dowdle.
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