Legal Reform Versus the Power of the Party and State in the People's Republic of China: Rule of Law or Rule by Law?
By: Jiefen Li (author)Hardback
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While most studies concentrate on the results of Western-influenced legal reforms under the framework of Western legal philosophy, this case-based work evaluates China's current legal system as a legal-rational process aimed to modernize the Party-state and society. In recent years, legal systems and their reforms in contemporary China have been a heated topic among scholars of China studies and policy-makers in Western countries. These studies help us understand China's legal and political system, but due to their lack of interest in or knowledge of China's legal and cultural tradition, they fail to give enough attention to the roles of the current legal reforms in China in facilitating economic reforms and strengthening the Party-state. This is a case-based approach to the construction of a rule-of-law society with Chinese characteristics by the Chinese Communist Party (CCP) in an attempt to build up its political legitimacy and to fulfill its nationalistic goal to develop China into a modern state.
Based on a careful analysis of policy documents, jurisprudence and interview data on legal developments in contemporary China, the study reveals the distinctive place of 'law' and its close relationship to ideology in the CCP led system. The work concludes that the current legal construction, albeit not fully in compliance with Western conception of rule of law, is a legal-rational process aimed at modernizing the Party-state and society.
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- ID: 9780773448940
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