21世纪看中国系列：中国法治十年（英文）

介绍中国当代的法律环境

帮助读者全面了解中国的政治、商业和民事法律

集中展示中国不断推进“依法治国”的进程

《中国法治十年》这本书介绍了当代中国的法律制度体系，集中展示了中国近年来不断推进“依法治国”的进程。

改革开放以来，中国经历了复杂的社会变革，法治环境面临各种的挑战，本书是对中国法律改革的研究和思考。中国的经济转型和快速发展能得以实现，需要依靠“依法治国”作为根本原则。本书系统地介绍了中国正在进行的法律改革以及中国当代的法律环境，能帮助读者全面了解中国的政治、商业和民事法律。

Chapter 1 Towards an Era of Respect for
Rights and Balance of Power
1. Horizontal allocation of state power

2. Vertical allocation of state power

3. Handling and coordinating horizontal relations between
different regions and those between local governments

4. Respecting and safeguarding constitutional rights, especially
human
rights

r 2 034
Chapter 2 Between Economic Rights and Market Regulation
1. Civil Law

2. Commercial Law

Chapter 3 China’s Criminal Law in the
Last Decade 101
1. Progress and development of China’s criminal law in the last
decade

2. Conclusion

Chapter 4 Procedural Democracy and
Visible Justice

1. The criminal procedural law

2. The civil procedural law

Chapter 5 From the Planned Economy to
the Mechanism of
Market and Regulation

1. Trade law

2. Competition laws

3. Banking law

4. Tax law

5. Product quality law

6. Law of the PRC on Protection of Consumer Rights and Interests
Chapter 6 238
Chapter 6 A Balance Between “Administrative Effciency” and “Administration
Power Control”
1. Administrative Licence Law of the PRC in 2003

2. Civil Servant Law of the PRC in 2005

3. Regulation of the PRC on the Disclosure of Government
Information in 2007

4. State Compensation Law of the PRC revised in 2010 and in
20125. The Law of the People’s Republic of China on Administrative Supervision (Revised
in 2010)

6. Administrative Compulsion Law of the PRC in 2011

7. The Regulation on the Expropriation of Buildings on
State-owned Land
and Compensation in 2011

8. ConclusionChapter 7 292

Chapter 7 Towards a Security System of Human Rights and
Social Rights
1. China’s labor law system2. China’s social security law

Chapter 8 New Perspectives on the Rule of Law

1. System improvement: highlighting the central administrative
power
attribute of judicial power

2. Internal judicial mechanism: abide by internal laws of the
operation of judicial power
3. Judicial independence: comply with the internal logic of judicial justice

4. Democracy: bridge the distance between judicial technicality
and affnity
to people

5. Publicity: construct the open and transparent sunshine
judicial mechanism

6. Demonstrate the national attributes of judicial discretionary
power

7. Subject and integrity: stick to the internal
quality of judges

This book was begun in 2004, two years after I completed the
first of my overseas comparative studies at the University of Pennsylvania. The
original intention was to write a single book on China’s legal system, spanning
the period between the country’s accession to the WTO and the present day. It
soon became clear, however, that the topic was too broad for just one book.
Moreover, the upcoming legal reforms in China after its entry into the WTO
needed time to become established. So the writing of this book was stalled for
a few years. For 10 years after that, we witnessed remarkably rapid
marketization and urbanization and a host of accompanying legislation. During
these years, I wrote and published articles on various aspects of the Chinese
legal system that were most important to the lives of the common people, as
well as the private sector in the economy.

As David Kennedy wrote in his well-known article “The Mystery of Global
Governance” that “it can feel like a project of the utmost seriousness and
urgency to interpret the world in constitutional terms,” We were very much
struck by the extent to which mainstream Chinese legal thinking has
internalized Western modernism and become used to Western legal terminologies
centering on the core value of the Western legal system, such as rule by law,
constitutionalism and freedom of trade. In line with the profound reforms in
legal thinking, we can also see that the legal framework governing civil and
economic transactions has long been incomplete and extremely difficult to
handle. More comprehensive structures have been put in place in recent years
and a relatively complete system of laws and regulations governing almost every
aspect of modern society in the 21^st century has been built up.
However, problems arising out of inconsistencies, unclear rules and legislative
gaps continue to exist, as will be shown in the chapters of this book.

The specific topics covered in this book centering on China’s ongoing market
oriented legal reform are very far from making up a complete picture of China’s
legal system. The latter remains a rapidly expanding and changing story as the
economy, political system and society become ever more complex and
multifaceted. This book provides a structured and up-to-date introduction to
the Chinese legal system and investigates how the current governments has used
the law and other forms of regulation to govern or address the topics, issues
and disputes. It should be noted that the book focuses mainly on legal system
in China’s mainland; areas including Hong Kong, Macau and Taiwan are part of
China, but they have a different legal system, so they are not covered in the
book.