Socialist Law in Socialist East Asia

Cambridge University Press, 7/5/2018
EAN 9781108424813, ISBN10: 1108424813

Hardcover, 460 pages, 23.5 x 15.9 x 2.6 cm
Language: English

Since China's reform and opening up started in 1978 and Vietnam's Doi Moi reforms were initiated in 1986, these two East Asian economies have adopted capitalistic models of development while retaining and reforming their socialist legal systems along the way. Tracking the trajectory of socialist laws and their legacy, this book offers a unique comparison of laws and institutional designs in China and Vietnam. Leading scholars from China, Vietnam, Australia and the United States analyze the history, development and impact of socialist law reforms in these two continuing socialist states. Readers are offered a varied insight into the complex quality and unique features of socialist law and why it should be taken seriously. This is a fresh theoretical approach to, and internal critique of, socialist laws which demonstrates how socialist law in China and Vietnam may shape the future of global legal development among developing countries.

Part I. Socialism and Legality
1. Socialist law in socialist East Asia Hualing Fu, John Gillespie, Pip Nicholson and William Edmund Partlett
2. What is not 'socialist' about socialist law Michael Dowdle
Part II. Socialism and Legacies
3. The historical roots of socialist law William Partlett
4. Socialist rule of law with Chinese characteristics
a new genealogy Glenn Tiffert
5. The Soviet legacy and its impact on contemporary Vietnam Pham Duy Nhia
Part III. Constitutions
6. Diverging trends in the socialist constitutionalism of the People's Republic of China and the Socialist Republic of Vietnam Hualing Fu and Jason Buhi
7. Constitutional dualism
socialism and constitutionalism in contemporary Vietnam Bui Ngoc Son
Part IV. Justice and Democratic Centralism
8. Democratic centralism and administration in China Sarah Biddulph
9. Roots and routes
adapting the Soviet-inspired Vietnamese court and procuracy system Pip Nicholson and Pham Lan Phuong
Part V. Labour
10. What is socialist about labour law in China? Aaron Halegua and Cynthia Estlund
11. Strike settlement in transitional Vietnam and the persistence of socialist and Marxist-Leninist influences Do Hai Ha
Part VI. Regulatory Approaches
12. Is Vietnam transitioning out of socialism or transforming socialism? Searching for answers in commercial regulation John Gillespie
13. The influence of socialist principles on the legal regulation of markets in China Wendy Ng
Part VII. Land
14. The evolution of the property system in China
between the socialist heritage and liberal market Chen Li
15. From revolution to evolution
the changing meanings of socialist land in Vietnam John Gillespie and Toan Le.