Description
Book SynopsisSince 1979, China has been building new legal institutions made necessary by economic reforms that have reduced the role of state planning, and by the decline of Maoist totalitarianism. This book analyzes the principal legal institutions that have emerged and assesses the prospects for increasing the rule of law in China.
The book first establishes the cultural and institutional context in which legal reforms take place. It traces the main features of pre-Communist Chinese legal tradition, the drastic impact on law of thirty years of Maoist rule, and the extensive changes throughout Chinese society since Mao's death, notably the rise of the local party-state at the expense of central government power. The book's analysis begins with the Chinese leadership's policy toward law, identifying basic ambivalence toward law that makes the Chinese commitment to legality incomplete. It then surveys major developments, emphasizing the creation of new rights, revision of criminal law and
Trade Review
"Lubman has succeeded in providing an excellent overview of the current state of China's legal system and highlighting the key issues faced by the leadership of China as it contemplates the future." -- China Review International
"Bird in a Cage is the end product of rich first-hand experience, careful reflection, and serious scholarship." -- Journal of Legal Information
"Lubman's book brings together a life-time of research and practice on chinese law to make it a vibrant and fascinating subject. . . . This wise and insightful book will be valuable not only for those interested in doing business in China but also for those seeking to understand Chinese civilization."Foreign Affairs
"Magesterial. . . . Few are better qualified to discuss law in China than Lubman. . . . This lucid book shows how far China must go to build even the most basic institutions." -- Business Week
"Lubman has been a major force in the academic and practical discourses of Chinese legal studies for most of the history of the PRC. . . . This is a masterful study . . . a major contribution to our understanding of the PRC legal system." -- China Quarterly
"This is an important book, which is already well on its way to becoming a classic." -- China Perspectives
"Bird in a Cage is an exploration of China's modern pursuit of legal reform and institution building. The product of nearly 30 years of Lubman's rich experience as a teacher, writer, and adviser, this uniquely insightful study is invaluable for legal scholars, lawyers, and law students wanting to understand Chinese attitudes toward law. More of a series of related essays than a textbook on Chinese law per se, it is also a wonderful reference book. . . . The book should also appeal to students of China more broadly. . . . In sum, Stanley Lubman's Bird in a Cage provides a veritable feast of fact, analysis, and insight for anyone seeking to understand and engage modern China." -- The China Business Review
"This is a splendid book that should be read carefully by anyone interested in Chinese legal affairs and Chinese society more broadly. It reflects a lifetime's thoughtful acquaintance with and sympathetic understanding of the intricacies of Chinese law and life." -- William P. Alford * Harvard Law School *
Table of Contents
List of tables; Preface; Abbreviations; 1. Introduction: understanding China through Chinese law; 2. Eye at the telescope or face in the mirror? Approaching Chinese law; 3. Law under Mao, I: mediation; 4. Law under Mao, II: law as administration; 5. Foundation: economic reform and a new role for law; 6. First steps: legalizing the state, reinventing lawyers, regularizing the criminal process; 7. Creating a legal framework for economic reform; 8. Mediation after Mao; 9. The courts under reform; 10. Conclusion; Notes; Index.
