Chinese Characteristics of the “Socialist Rule of Law”: Will the Fourth Plenum Cure the Problems of the Chinese Judicial System?

Asia Policy ◽  
2015 ◽  
Vol 20 (1) ◽  
pp. 17-22 ◽  
Author(s):  
Ling Li
Keyword(s):  
Rule Of Law ◽  
Judicial System ◽  
Chinese Characteristics ◽  
Socialist Rule Of Law

“Rule of law” with Chinese characteristics: Evolution and manipulation

2021 ◽  
Author(s):  
Jerome A Cohen
Keyword(s):  
Twentieth Century ◽  
Communist Party ◽  
Rule Of Law ◽  
Constitutional Law ◽  
Xi Jinping ◽  
Rule By Law ◽  
Chinese Characteristics ◽  
Party Chief ◽  
Socialist Rule Of Law

Abstract Government under law or law under government? Rule of law or rule by law? That was the hotly debated constitutional law topic in China during the last two decades of the twentieth century. In her article, “Shifting Meanings of Fazhi and China’s Journey toward Socialist Rule of Law”, Professor Ye gives us a careful and thoughtful analysis of relevant developments that includes the decisive outcome reinforced by current Communist Party chief Xi Jinping. Drawing upon China’s imperial traditions and dictatorial Legalist philosophy, Xi wields law as an instrument of comprehensive official power, although in practice his repression strays into Communist lawlessness.

scholarly journals The Changing Perspectives of Chinese Law: Socialist Rule of Law, Emerging Case Law and the Belt and Road Initiative

2019 ◽  
Vol 5 (2) ◽  
pp. 153-175
Author(s):  
Lu Xu
Keyword(s):  
Rule Of Law ◽  
Case Law ◽  
Critical Examination ◽  
Belt And Road Initiative ◽  
Rule By Law ◽  
Chinese Law ◽  
Chinese Characteristics ◽  
Belt And Road ◽  
The Belt And Road ◽  
Socialist Rule Of Law

Abstract This article identifies and clarifies some of the miscommunication between Chinese and English in the discussion of rule of law or rule by law. “Rule by law” is not a concept readily understandable by a Chinese audience because there is no acceptable translation or equivalent in Chinese. At the same time, the historical and contextual significance of the different denotations of “rule of law” in Chinese is often overlooked in an English-speaking environment. Meanwhile, the abstraction in critical examination of Chinese law often masks significant changes taking place in China’s construction of a “socialist rule of law with Chinese characteristics”, such as the emergence of a system of case law. The different components and aspects of such a system, ranging from the guidance cases system published by the Supreme People’s Court, to the largest database of judicial decisions in the world, and the newly established China International Commercial Court under the Belt and Road Initiative could fundamentally alter and structure, nature and principles of Chinese law as we know it.

Sign in / Sign up

Export Citation Format

Share Document