China S Journey Toward The Rule Of Law

The Thirty years since China s reform and opening have been very eventful for the country s legal reforms, and this volume presents a multi-disciplinary look at the current scholarship going on in China on the subject. The articles have been translated into English to assist scholars worldwide in understanding China s recent legal history and also to help familiarize them with the currents of contemporary Chinese scholarship. Individual subjects include commercial law, the evolving relationship between the Chinese government and its citizens, administrative law and criminal justice. There are also chapters on newly emerging areas of the law that are crucial to China s future development, such as the chapters on environmental law and intellectual property. The volume also includes a chapter on legal education and the legal profession, judicial reform and the development of law to protect the rights of the disadvantaged.

China has enjoyed considerable economic growth in recent years in spite of an immature, albeit rapidly developing, legal system, a system whose nature, evolution and path of development have been poorly understood by scholars. Drawing on his legal and business experience in China as well as his academic background in the field, Peerenboom provides a detailed analysis of China's legal reforms. He argues that China is in transition from rule by law to a version of rule of law, though most likely not a liberal democratic version as found in economically advanced countries in the West. Maintaining that law plays a key role in China's economic growth, Peerenboom assesses reform proposals and makes his own recommendations. In addition to students and scholars of Chinese law, political science, sociology and economics, this will interest business professionals, policy advisors, and governmental and non-governmental agencies as well as comparative legal scholars and philosophers.

This book is a grand review of the centurial development of rule of law in China. It covers the most important issues in this area and presents “political constitution,” a new interpretative framework that allows the Chinese experience of rule of law to be more fully and correctly expressed. It is especially useful to scholars involved in the study of modern China. The main chapters of this book include: The Constituent Movement in the Late Qing Dynasty; The Xinhai (1911) Revolution; Constitution-making at the Beginning of the Republic of China; The Great Revolution in the 1920s; The Rise of the Party State and its Transition; The Founding of 1949 New China and its Early Constitutional Development; and The Dualist System of Rule of Law in the Reforming Times.

This book studies the practical experience and theoretical development of rule of law in China, and provides fundamental theory for the construction of rule of law in contemporary China. The author examines the rule of law by exploring the entire legal system, and highlighting various aspects including the legislation, law enforcement and supervision systems. Readers will also discover the author’s strong opinions on scientific legislation, legal government, judicial reform, and the culture of rule of law. This highly readable book will appeal to both general readers and researchers interested in rule of law in China.

The 'rule of law' is more than the mere existence and application of law within the sphere of state activity. Contemporary Chinese debate on the 'rule of law' underlines the limiting of arbitrary government, the materialisation of 'human rights', legal protection of 'rights and interests' and the principle of equality in the impartial legal mediation of conflicts within society's 'structure of interests'. Based upon China interviews and a comprehensive survey of the domestic press and Chinese-language legal journal materials, this book places pre- and post-Tiananmen Square legal reform in political context. The evolving contents of specific laws across the departments of constitutional, administrative, criminal, civil and economic law are assessed in light of the politics and intellectual dynamic of China's legal circles in their struggle to create a 'rule of law'.

Explores how the law should be reformed in China to make it a constitutionalist and rule of law state.

This book provides law-based governance which is one of the basic policies that underpins our endeavors to uphold and develop socialism with Chinese characteristics in the new era. Law is the key to governing the country,and the rule of law is an important support for the national governance system and governance capacity. Since the 18th National Congress of the CPC,China has implemented the four-pronged comprehensive strategy and created an unprecedented new situation for law-based governance. Further progress has been made in ensuring China’s legislation is sound,law enforcement is strict, the administration of justice is impartial,and the law is observed by everyone. China’s efforts to build a country, government,and society based on the rule of law have been mutually reinforcing; the system of distinctively Chinese socialist rule of law has been steadily improved; public awareness of the rule of law has risen markedly. In recent years, China has adhered to the correct handling of the relationship between deepening reform and law-based governance,ensuring that major reforms are justified by law and providing solid guarantees of the rule of law for reform and opening-up. China has adhered to combine law-based governance of the country and rule-based governance over the party and exercised law-based governance at every point in the process and over every dimension of full and rigorous governance over the party and has made remarkable achievements in the construction of a clean and honest government and the struggle against corruption.

This insightful book investigates the historical, political, and legal foundations of the Chinese perspectives on the rule of law and the international rule of law. Building upon an understanding of the rule of law as an 'essentially contested concept', this book analyses the interactions between the development of the rule of law within China and the Chinese contribution to the international rule of law, more particularly in the areas of global trade and security governance.