Read more
Zusatztext The time is long past due for a comprehensive account of the lawmaking process in China, the various political institutions involved, and the ways in which the respective powers of these institutions are changing in relation to one another. The Politics of Lawmaking in China: Institutions, Processes, and Democratic Prospects ... provides just such an account. Klappentext As the world's largest country struggles with itself to build "rule by law," how is this process reshaping Communist Party rule? This book examines how China's political and legal structure is quietly but dramatically changing from within, rather than being overthrown from below as in Eastern Europe. Examining the changing relationship between the National People's Congress and the Communist party hierarchy, this book casts light on China's fight to move toward law and democratization. Zusammenfassung China's struggle to develop it's legal system is helping to drive an `inadvertant transition' towards democratization in the future. Since Mao Zedong's death, the China Communist Party's (CCP) leaders have increasingly shifted to drafting most of their key policies as laws rather than Party edicts. The result has been a quiet but dramatic change in Chinese politics, recasting the relationship between the key lawmaking institutions: the Communist Party bureaucracy, the Cabinet (State Council), and China's legislaturethe National People's Congress (NPC). No longer a rubber stamp, NPC leaders and deputies, though still overwhelmingly members of the Communist Party, have become far more assertive and less disciplined in their dealings with other top Party and government leaders. Deputies now commonly stall, amend, block, and increasingly vote `no' on proposals approved by the Party Politburo and the Cabinet. China's NPC, like successful legislatures elsewhere, has also used its growing bureaucracy and subcommittees as institutional weapons to expand its influence over policy. The Politics of Lawmaking in China is the first book to examine all of the changing political institutions involved in lawmaking, and show how their evolution is reshaping Chinese politics. Drawing on internal documentation and interviews, it includes new information about how the CCP leadership attempts to guide the increasingly important process of lawmaking, and how this power has eroded greatly since 1978. Through detailed case studies, the book demonstrates how and why the top leadership is often forced to settle for far less than it wants in hammering out laws. Rather than encouraging the sort of anti-communist mass uprising from below that occurred in Eastern Europe in 1989, this book argues that China's changes in lawmaking are contributing to a more quiet transition from within the Communist system. Inhaltsverzeichnis Part 1. Theoretical Considerations 1: Introduction: The New Importance of Lawmaking Politics in China 2: Bureaucracies, `Organized Anarchies', and Inadvertant Transitions: Towards New Models of Chinese Lawmaking Part 2. Lawmaking Institutions 3: The Emergence of China's Post-Mao Lawmaking System 4: The Erosion of Party Control Over Lawmaking 5: The Rise of the National People's Congress System 6: The State Council's Lawmaking System Part 3. Case Studies in Lawmaking 7: The Case of the Enterprise Bankruptcy Law 8: The Case of the State-owned Industrial Enterprises Law Part 4. Conclusions 9: Stages and Processes in Chinese Lawmaking 10: Lawmaking Reforms and China's Democratic Prospects ...
