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  • © 2018

Experimental Legislation in China between Efficiency and Legality

The Delegated Legislative Power of the Shenzhen Special Economic Zone

  • 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

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Table of contents (7 chapters)

  1. Front Matter

    Pages i-xvii
  2. Introduction

    • Madeleine Martinek
    Pages 1-11
  3. China’s Experimentalist Approach to Reform

    • Madeleine Martinek
    Pages 57-120
  4. Delegated Legislative Power of the Shenzhen SEZ

    • Madeleine Martinek
    Pages 121-183
  5. Legality Versus Efficiency of Reform

    • Madeleine Martinek
    Pages 227-320
  6. Summary

    • Madeleine Martinek
    Pages 321-327
  7. Back Matter

    Pages 329-342

About this book

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.

Reviews

“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)

Authors and Affiliations

  • Berlin, Germany

    Madeleine Martinek

Bibliographic Information

Buy it now

Buying options

eBook USD 129.00
Price excludes VAT (USA)
  • Available as EPUB and PDF
  • Read on any device
  • Instant download
  • Own it forever
Softcover Book USD 169.99
Price excludes VAT (USA)
  • Compact, lightweight edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info
Hardcover Book USD 169.99
Price excludes VAT (USA)
  • Durable hardcover edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info

Tax calculation will be finalised at checkout

Other ways to access