Legal Reform versus the Power of the Party and State in the People's Republic of China : Rule of Law or Rule by Law?

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  • Format: Hardcover
  • Copyright: 2008-12-15
  • Publisher: Edwin Mellen Pr
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"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."--BOOK JACKET.

Author Biography

Dr. Jiefen Li is a researcher at the Asia Institute of the University of Otago in New Zealand. She has published more than 10 journal articles and book chapters in Chinese and English. Dr Li obtained her PH.D from the University of Edinburgh in China Studies, MA from the Shanghai Normal University in History of International Relations and law, and BA from the Central China Normal University (Wuhan) in History.

Table of Contents

Introduction: Political Legitimacy and the Rule of Law
What Is a Socialist Rule of Law with Chinese Characteristics?
China's Administrative Law and Limits
Abuse of Power: Infringement of Personal Rights and Freedom
Abuse of Power: Infringement of Property Rights in China's New Marketplace
The Fallacy of Judicial Independence in China
An Official-Based Legal Culture
Table of Contents provided by Blackwell. All Rights Reserved.

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