LEGAL REFORM VERSUS THE POWER OF THE PARTY AND STATE IN THE PEOPLE’S REPUBLIC OF CHINA:
Rule of Law or Rule by Law?

Author: Li, Jiefen
Year:2008
Pages:280
ISBN:0-7734-4894-2
978-0-7734-4894-0
Price:199.95
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 fulfil 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 CCP led system, and concludes that the current legal construction, albeit not fully in compliance with Western conception of rule of law, is a legal-rational process aimed to modernise the Party-state and society.

Reviews

“The [author’s] analysis of law, ideology and the party-state in these fields throws fresh light on the intertwining of legal construction, culture and politics in the People’s Republic over the past two decades.” – Prof. Michael Palmer, SOAS, University of London

“. . . a valuable and informative study of the legal system in contemporary China.” – Prof. Bonnie S. McDougall, The Chinese University of Hong Kong

“This work should be of great interest to students of Chinese law and politics and to anyone who is likely to have dealings with Chinese authorities. . .” – Prof. Anders Hansson, The Chinese University of Hong Kong

Table of Contents

Abbreviations
Statutes
Cases
Foreword by Professor Michael Palmer
Acknowledgements
1. Introduction: Political Legitimacy and the Rule of Law
2. What Is a Socialist Rule of Law with Chinese Characteristics?
3. China's Administrative Law and Limits
4. Abuse of Power: Infringement of Personal Rights and Freedom
5. Abuse of Power: Infringement of Property Rights in China’s New Marketplace
6. The Fallacy of Judicial Independence in China
7. An Official-Based Legal Culture
8. Conclusion
Bibliography
Index