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IR Literature_Legal Reforms in China and Vietnam: A Comparison of Asian Communist Regimes

Original Title in English
By Authors: John Gillespie, Albert Chen
Publisher: Routledge, UK, ISBN:978-0-415-56104-4 (hardback) 978-0-203-85269-9 (electronic)

About the Book: Although the adoption of market reforms has been a key factor leading to China's recent economic growth, China continues to be governed by a communist party and has a socialist-influenced legal system. Vietnam, starting later, also with a socialist-influenced legal system, has followed a similar reform path, and other countries too are now looking towards China and Vietnam as models for development. 

This book provides a comprehensive, comparative assessment of legal developments in China and Vietnam, examining similarities and differences, and raising important questions such as: Is there a distinctive Chinese model, and/or a more general East Asian Model? If so, can it be flexibly applied to social and economic conditions in different countries? If it cannot be applied to a culturally and politically similar country like Vietnam, is the model transportable elsewhere in the world? Combining 'micro' or interpretive methods with 'macro' or structural traditions, the book provides a nuanced account of legal reforms in China and Vietnam, highlighting the factors likely to promote, change or resist the spread of the Chinese model.

Table of Contents

  • Part I Introduction
    • Chapter 1 Introduction: China and Vietnam Compared Albert Chen and John Gillespie;
    • Chapter 2 Sequencing Chinese Legal Development Professor Randall Peerenboom;

  • Part II Debating legal development in China and Vietnam
    • Chapter 3 Legal Thought and Legal Development in the People's Republic of China Albert Chen;
    • Chapter 4 The Juridification of State Regulation in Vietnam John Gillespie;

  • Part III Developing an Administrative Law System
    • Introduction: Michael Dowdle;
    • Chapter 5 Towards Regulatory Neutrality in a Party-State? A Review of Administrative Law Reforms in China Assistant Dr Zheng Ge;
    • Chapter 6 Achievements and challenges in developing an administrative law system in contemporary Vietnam Vu Doan Ket and Matthieu Salomon;

  • Part IV Public access to justice
    • Introduction: Nicholas Booth;
    • Chapter 7 Access to Justice in China: Potentials, Limits and Alternatives Fu Hualing;
    • Chapter 8 Publication and Public Access: the largely inaccessible Vietnamese court decision Pip Nicholson;

  • Part V Commercial regulatory reforms
    • Introduction: Donald Clarke;
    • Chapter 9 Commercial Regulatory Reform in China during Transition: An Alternative Path to the Regulatory State Assistant Dr Leng Jing;
    • Chapter 10 Vietnam: The development of commercial regulation in Vietnam Melanie Beresford;

  • Part VI The evolving role of legal education Introduction: Jerry Cohen;
    • Chapter 11 China's Lawyers and their Training: Enduring Influences and Disconnects Alison Conner;
    • Chapter 12 Legal Education in Vietnam: To Change or Not to Change? Bui Bich Thi Lien;

  • Part VII Legal diffusion: the role of non-state actors in shaping the regulatory environment
    • Introduction: Michael Dowdle.

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