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The Politics of Law and Stability in China examines the nexus between social stability and the law in contemporary China. It explores the impact of Chinese Communist Party's (CCP) rationales for social stability on legal reforms, criminal justice operations and handling of disputes and social unrest inside and outside China's justice agencies.The book presents an extensive investigation into the conceptual and empirical approaches by the Party-state to the management of Chinese citizen complaint and unrest. It explores how the Party-state responds to what it sees as potentially de-stabilizing social action such as public protest, discord, deviance and criminal behavior. This timely and important study reaches across a broad variety of areas within the legal sphere, including substantive criminal law and criminal procedure law reform, labour law, environment and land disputes, policing and surveillance, and anti-corruption drives. The central thread running through all the chapters concerns how the imperative of social stability has underpinned key Party-state approaches to social management and responses to crime, legal disputes and social unrest across the last decade in China.This book will appeal to lawyers, political science scholars and social scientists in the area of China studies. Scholars generally interested in Chinese criminal law and criminal law procedures will also find much in this book that will be of interest to them.Contributors: S. Biddulph, D. Peng, X. He, F. Hualing, G. Zhiyuan, E. Nesossi, M. Palmer, F. Sapio, M. S. Tanner, S. Trevaskes, B. van Rooij, Z. Wanhong
Edited by Susan Trevaskes, Griffith University, Elisa Nesossi, Australian National University, Flora Sapio, The Chinese University of Hong Kong and Sarah Biddulph, Melbourne Law School, University of Melbourne, Australia
CONTENTSPreface 1. Stability and the lawSusan Trevaskes, Elisa Nesossi, Flora Sapio and Sarah Biddulph2. Management of stability in labour relationsSarah Biddulph3. ‘If we award this case to you, all the Chinese people would come to us for justice!’ Land taking cases in the shadow of social stabilityXin He4. Ripples across stagnant water: stability, legal activism and water pollution disputes in rural ChinaZhang Wanhong and Ding Peng5. Regulation by escalation: unrest, lawmaking and law enforcement in ChinaBenjamin van Rooij6. Mediating state and society: social stability and administrative suitsMichael Palmer7. Death sentencing for stability and harmonySusan Trevaskes8. Criminal procedure, law reform and stabilityZhiyuan Guo9. Stability and anticorruption initiatives: Is there a Chinese model?Fu Hualing10. The impact of the 2009 people’s armed police law on the people’s armed police forceMurray Scot Tanner11. Detention, stability and ‘social management innovation’Elisa Nesossi12. The invisible hand of government: the conceptual origins of social management innovationFlora Sapio13. Framing the stability imperativeSusan Trevaskes, Elisa Nesossi, Flora Sapio, Sarah BiddulphIndex
‘Valuable with insightful analysis and powerful discourse on the implications of its topics. The book makes a clear contribution to the literature on the interdependent relationship between politics and law in mainland China.’