Understanding Xi Jinping's “Rule of Law” Campaign

2015 ◽  
Vol 07 (02) ◽  
pp. 5-19 ◽  
Author(s):  
Yongnian ZHENG ◽  
Wei SHAN
Keyword(s):  
Communist Party ◽  
Rule Of Law ◽  
Chinese Communist Party ◽  
Legal Issues ◽  
Judicial System ◽  
Structural Factors ◽  
The Rule Of Law ◽  
Reform Plan ◽  
Local Officials ◽  
Law Making

The Chinese Communist Party passed a reform plan to build the “rule of law”, vowing to lessen local officials' authority over the legal system, promote legal professionalism and affirm the Party's domination in legal issues. These initiatives reflect Xi's effort to institutionalise his anti-corruption campaign. Yet the rule of law goes counter to the country's Confucian or Legalist traditions, the weak law-making and judicial system and other structural factors.

China’s New Wave of Nationalism

2016 ◽  
Author(s):  
Ying-shih Yü
Keyword(s):  
Communist Party ◽  
Rule Of Law ◽  
Chinese Communist Party ◽  
Judicial System ◽  
New Wave ◽  
Confucian Culture ◽  
The Rule Of Law ◽  
Rule By Law ◽  
Negative View ◽  
The Chinese Communist Party

This essay takes issue with Samuel P. Huntington’s negative view of Confucianism in relation to democracy as well as with Minxin Pei and Andrew Nathan’s ideas that “Confucian culture” is an impediment to the rise of democracy in China. It also discusses why constitutionalist reform failed, explains that contemporary China practices “rule by law” not the “rule of law,” that the judicial system is a tool of the Chinese Communist Party, and that the post-1989 extreme nationalism and rule by the Chinese Communist Party are the real reasons why China cannot develop democracy.

scholarly journals British Views of the Legacy of the Colonial Administration of Hong Kong: A Preliminary Assessment

1997 ◽  
Vol 151 ◽  
pp. 553-566
Author(s):  
Brian Hook
Keyword(s):  
International Trade ◽  
Hong Kong ◽  
Communist Party ◽  
Rule Of Law ◽  
Chinese Communist Party ◽  
Colonial Administration ◽  
Preliminary Assessment ◽  
The Rule Of Law ◽  
Historical Significance

The legacy of the colonial administration of Hong Kong, viewed from the majority of constituencies in Britain, is chiefly formed from the characteristics of the territory on the eve of retrocession. This, it will be noted, is in sharp contrast to the views formed by both the Chinese Communist Party (CCP) and many Chinese observers. The British prefer to emphasize personal freedoms, the rule of law, the independence of the judiciary, the efficiency of government, the competitiveness of business, the preeminent status in international trade, the suppression of corruption, the quality of the engineering infrastructure, and the improving health and welfare provisions as essential characteristics of their legacy.Their Chinese counterparts are much more likely to hark back to the bad old days of national humiliation and imperialist exploitation, seeking to draw the attention of all compatriots to the historical significance of reunification.

Administration of Civil Justice in India

2021 ◽  
pp. 17-45
Author(s):  
Tarun Arora ◽  
Neelu Mehra
Keyword(s):  
Social Contract ◽  
Rule Of Law ◽  
Judicial System ◽  
Democratic Values ◽  
Civil Justice ◽  
The Rule Of Law ◽  
Community Organisations ◽  
History Of ◽  
Vedic Period ◽  
Law Making

Since the Vedic period, India is known for its commitment to justice, democratic values, the rule of law, and the welfare of individuals. The thrust of the chapter is an examination of tools of civil justice in ancient as well as modern texts underlining the bond of ‘social contract'. The analysis aims to identify similarities and gaps in the traditional and contemporary aspects of civil justice in India. These findings would enable legal scholars and practitioners to draw from, and to connect, the history of accumulated legal guidance and reasoning to the modern mechanism of justice. The examination of those concepts in the context of contemporary relevance accompanied with the principles of interpretation can maximise the utility of these principles. The discussion may offer important clues for policymakers, community organisations, law-making agencies, and citizens to strengthen their faith in the judicial system, being a blend of aboriginal and modern.

Chinese Politics and the New Theory of “Rule of Law”

1991 ◽  
Vol 125 ◽  
pp. 109-118 ◽  
Author(s):  
Ronald C. Keith
Keyword(s):  
Communist Party ◽  
Rule Of Law ◽  
Chinese Communist Party ◽  
Chinese Politics ◽  
The Rule Of Law ◽  
Tiananmen Square ◽  
The Chinese Communist Party

In light of widespread western condemnation of the Tiananmen Square event, it may seem somewhat capricious to raise the issue of the “rule of law” as it is understood in China; however, prior to 4 June the Chinese Communist Party sanctioned a provocative theoretical debate which featured the “rule of law” as opposed to the “rule of man.” Even though the Chinese rule of law derived self-consciously from Chinese ideology and history, it seemed to parallel loosely the substantive concern in the western theoretical notion of “government of laws, not men.”

Migration, law, democracy: identifiyng where the risk is

2009 ◽  
pp. 139-150
Author(s):  
Javier de Lucas
Keyword(s):  
Rule Of Law ◽  
Point Of View ◽  
Risk Society ◽  
Structural Factors ◽  
The Rule Of Law ◽  
Poor Countries ◽  
Definition Of ◽  
Sans Papiers ◽  
Migratory Movements ◽  
Migration Law

- This paper focuses on migration, law and democracy in order to identify where risk lies. The author concentrates on studying a recent case, the Directive on the Return of so-called illegal immigrants (sans papiers) approved by the European Parliament on 18 June 2008. The usual point of view, that of the dominant discourse, maintains that today's migratory movements constitute one of the structural factors that justify the definition of our societies as the "Risk Society". According to this point of view, the migratory flows entail a risk for social cohesion and even a destabilising potential for both democracy and the rule of law. The risk is illustrated by the menacing image of invasion threatening at our doors, hence the classical argument of the "demographic bomb" as the resource of poor countries. The author's thesis sustains that it is precisely our responses, in the form of migratory policy tools, that constitute a risk factor. Some of these tools, including this Directive, have become destabilising elements of the rules of the game and, moreover, of the values of the rule of law and of democracy.

PURPOSE, PRINCIPLES AND SPECIFIC FEATURES OF PROSECUTOR’S OFFICE LEGAL CREATION ACTIVITY

2021 ◽  
Vol 6 (10) ◽  
pp. 53-62
Author(s):  
Shoxrukhkhon Saidov ◽  
Keyword(s):  
Civil Rights ◽  
Rule Of Law ◽  
The Rule Of Law ◽  
Legal Space ◽  
The Law ◽  
Law Making

This article describes the specifics of the law-making process conducted by the prosecutor's office. The purpose and principles of the prosecutor's office's participation in this process have been studied scientifically and theoretically. Taking into account the high relevance of ensuring legality in the law-making process, opinions were expressed about the need for adequate regulation and organization of solving this task by the prosecutor's office at the level of law and legality. The participation of the prosecutor's office in law-making activities contradicts the needs of the population, the protection of human and civil rights and freedoms, ensuring the rule of law, promoting the formation of a unified legal space and improving legislation, ensuring consistency legal instructions, systematization of legislation, scientifically based analysis are aimed at reducing the influence of bureaucratic interests and preventing the inclusion of factors that generate corruption in normative acts and their projects

Law According to the Chinese Communist Party: Constitutionalism and Socialist Rule of Law

Modern China ◽  
2017 ◽  
Vol 43 (3) ◽  
pp. 322-352 ◽  
Author(s):  
Ding Xiaodong
Keyword(s):  
Communist Party ◽  
Rule Of Law ◽  
Chinese Communist Party ◽  
Dominant Role ◽  
Political Concept ◽  
The People ◽  
State Regime ◽  
The Chinese Communist Party ◽  
Socialist Rule Of Law ◽  
Party State

This article argues that the Chinese Communist Party has adopted a unique understanding of law. Unlike the liberal view and the unwritten constitution view, which generally consider law as positive norms that exist independently of politics, the party understands law as a reflection of the party’s and the people’s will and a form of the party’s and the people’s self-discipline. In the party’s view, liberal rule of law theories are self-contradictory, illusive, and meaningless. This article argues that the party views the people as a political concept and itself as a political leading party, marking a fundamental difference from a competitive party in a parliamentary system. The legitimacy of the party’s dominant role and the party-state regime, therefore, depends on whether the party can continue to provide political momentum to lead the people and represent them in the future.

scholarly journals PENERAPAN SANKSI PENENGGELAMAN KAPAL ASING PELAKU ILLEGAL FISHING OLEH PEMERINTAH INDONESIA (PERSPEKTIF HUKUM INTERNASIONAL)

2019 ◽  
Vol 3 (1) ◽  
pp. 27-43
Author(s):  
Siti Munawaroh
Keyword(s):  
Rule Of Law ◽  
National Development ◽  
Legal Issues ◽  
Economic Potential ◽  
Normative Study ◽  
Legal Doctrine ◽  
The Rule Of Law ◽  
Illegal Fishing ◽  
Archipelago Sea ◽  
Marine Products

Indonesia is an archipelagic country which most of its territory consists of vast territorial waters (sea) and is geographically the largest archipelagic country in the world. The Indonesian Sea has an area of 5.8 million km2 consisting of; territorial sea with an area of 0.8 million km2, archipelago sea 2.3 million km2, and EEZ 2.7 million km2, and has 17,480 islands with a coastline of 95,181 km2, and has a very large and diverse fisheries potential. This research uses the normative study method of finding the rule of law, principles of law, and legal doctrine to answer legal issues in applying the sanctions of foreign vessels that do illegal fishing. The potential of fisheries is an economic potential that can be utilized for the future of the nation as a basis for national development. However, there are still irresponsible parties who take Indonesia's marine products illegally or commonly referred to as illegal fishing. Illegal fishing is a criminal act that can be subject to sanctions.

scholarly journals Economic Justice and Judicial Structure

2020 ◽  
Vol 2 (1) ◽  
pp. 25-34
Author(s):  
Olalekan Moyosore Lalude ◽  
Ayodeji Fatehinse
Keyword(s):  
Economic Growth ◽  
Content Analysis ◽  
Rule Of Law ◽  
Economic Justice ◽  
Developing Nations ◽  
Qualitative Approach ◽  
Judicial System ◽  
The Rule Of Law ◽  
Economic Goods ◽  
Effective Distribution

Economic justice is the expression of the effective distribution of economic goods. This could be realized through judicial mechanisms.   Effective judicial systems are the platform on which economic justice can be actualized. There is a positive connection between economic justice and an effective judicial system, and this is usually measured by the rule of law and the level of its regard.  The paper argued that one of the established dysfunctional characteristics of developing nations is the failure of their judicial system to deliver economic justice and the inability of the state to coordinate the integrity of its institutions. This paper employed a qualitative approach in its exploration of the issues. It engaged content analysis in the processing of the arguments it advanced. The paper argued that the resolution of economic justice and other institutional considerations could help in economic growth, especially in Nigeria. The paper concluded by suggesting that judicial structure must be strengthened in order to derive the capacity needed to realize economic justice in Nigeria.

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