Experimental Legislation in China between Efficiency and Legality

Beschreibung

This book analyzes the benefits of and legal concerns in connection with the delegated legislation of the Shenzhen Special Economic Zone as a prime example of experimental legislation in Chinese law. It offers solutions for improving the legal design of experimental regulations in Special Economic Zones by striking a balance between the pursuit of rapid socio-economic progress on the one hand, and the increasing need and will to govern by the rule of law on the other. The book offers a valuable guide for the academic community and legal practitioners, as well as students eager to gain insights into Chinese constitutional law and the conflict between legality and achieving reforms.
This book analyzes the benefits of and legal concerns in connection with the delegated legislation of the Shenzhen Special Economic Zone as a prime example of experimental legislation in Chinese law. It offers solutions for improving the legal design of experimental regulations in Special Economic Zones by striking a balance between the pursuit of rapid socio-economic progress on the one hand, and the increasing need and will to govern by the rule of law on the other. The book offers a valuable guide for the academic community and legal practitioners, as well as students eager to gain insights into Chinese constitutional law and the conflict between legality and achieving reforms.
Illuminates the benefits, motivations and flaws of experimental legislation in Chinese law Analyzes the legal framework of Special Economic Zones, which thus far have only been examined from a purely economic perspective in legal scholarship Provides deeper insights into the structure of delegated legislation in Chinese law Puts forward solutions for reconciling the tensions between the pursuit of rapid socio-economic progress on the one hand and the increasing need and will to govern by the rule of law on the other, which are typical of Chinese law and politics

Autor*in

Madeleine Martinek

Themen in »Experimental Legislation in China between Efficiency and Legality«

Special economic zone Experimental legislation Delegated legislation Local legislative power Shanghai free trade zone Deviation power Legal pragmatism

Stimmen zu »Experimental Legislation in China between Efficiency and Legality«

“The book impresses through its harmonious structure, approaching the subject first from a general perspective and focusing then on the specific situation in Shenzhen SEZ … . The multiple cross-references in the text contribute to keeping present to mind the full picture and the main line of argumentation. The summaries concluding each chapter facilitate also a better assimilation of the rich information provided, whereas the extensive bibliographical sources give opportunities for further relevant readings on the topic.” (Ionut Raduletu, China-EU Law Journal, Vol. 8 (3-4), May, 2023)
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