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This book on China''s constitution and its tradition of constitutionalism is one of the first in the English language, and as such provides a much needed overview of China''s constitutional history and present arrangements. The nine chapters are divided into three parts. The first part (Chapters 1 & 2) deals with China''s constitutional history, its indigenous and Confucian antecedents, as well as the turbulent century which led up to the 1982 Constitution and the new order which this ushered in. The second chapter deals with the distinctive features of its current constitution. The second part (Chapters 3-6) introduces the institutional structure defined in the current constitution - the relationship between the Centre and the Regions, the role of the party and the role of the People''s Congress, the meaning of the socialist rule of law, and the independence of the judiciary. The third part (Chapters 7-9) discusses the major developments in human rights and their deficiencies - the protection offered to life, liberty, property and equality, and at the same time the currently dormant areas of political and religious freedom. The book concludes with a chapter looking forward to the future of the People''s Congress and Chinese constitutionalism. In sum, the book offers a readable account of the salient features of Chinese constitutional developments in all major areas.>
List of contents
1 A Century of Turmoil: An Overview of China's Constitutional Reform and Revolutions
I. Introduction: The Dawn of a Constitutional Moment
II. Constitutional Elements in the Ancient Regime and Their Limitations
III. The First Republic: The Nationalist Revolution of 1911
IV. Why Revolutions Fail to Bring about Constitutionalism
Further Reading
2 The New Constitutional Order of the People's Republic
I. The Second Republic: The Communist Revolution of 1949
II. The 1982 Constitution
III. Constitutional Amendments
IV. Constitutional Transformations
Further Reading
3 Governing the Goliath: China's Central and Local Relations
I. Introduction: The Sun Zhigang Tragedy
II. The Constitutional Landscape
III. Keeping Laws in Order
IV. Bottom-Up or Top-Down? Rule of the Party Reinforced
V. Pluralism within a Unitary System
Further Reading
4 Democracy with Chinese Characteristics? The Role of the People's Congresses
I. Introduction: Supremacy by Rubber Stamp?
II. The National People's Congress (NPC)
III. The NPC Standing Committee (NPCSC)
IV. Local People's Congresses (LPCs)
V. How to Make Democracy Work
Further Reading
5 Administration of the State According to Law
I. The Central Government
II. Local Government
III. Toward Administrative Rule of Law?
Further Reading
6 De-politicising the Judiciary
I. Introduction: Establishing Judicial Review?
II. Judicial Structure and Functions
III. Judicial Reform: Necessities, Possibilities, Limits
Further Reading
7 The Contemporary Rights Revolution: Life, Liberty, Property and Equality
I. Introduction: Back to the Sun Zhigang Model
II. Equality
III Liberty
IV. Property
Further Reading
8 Still Dormant: Political and Religious Rights
I. Introduction: What the Sun Zhigang Model Cannot Do
II. Freedom of Speech
III. Freedom of Religion
IV The Right to Election
Further Reading
9 Conclusion: The Future of China's Constitutionalism
I. Back to 1911? The On-going Saga of China's Constitutional Journey
II. Toward the Third Republic? The Future of China's Constitutionalism
Further Reading
About the author
Qianfan Zhang is a Professor in the School of Law at Peking University.
