Building the Rule of Law in China

Building the Rule of Law in China explores the idea that China needs a more globalized and diversified vision for the science of law, presenting the need to think differently from the two major western mainstream legal cultures, the Anglo-American and the continental systems.

Other globalized, universalized, and diversified models and experiences in the rule of law from diverse civilizations have much to offer China. Through learning from the strengths exhibited by systems in countries with a very developed and well-organized rule of law, and absorbing essential aspects from different countries, China might be well positioned to promote the development of the rule of law in a robust and comprehensive manner.

This book explores the topic from several perspectives, giving the reader an up-to-date resource on the ever-evolving vision for the science of law in China.

• Explores the situation of rule of law in China as it currently stands
• Presents a case that China must look beyond the two western systems of law for a more globalized vision
• Gives analysis on the contemporary situation, and insight into the near future
• Presents a particular perspective on the rule of law in China by a scholar closely involved with its actual development
• Translates into English, providing a new and valuable perspective to an English speaking readership

Researchers and postgraduate students in Asian Studies, Chinese Studies, and Law; governmental and non governmental stakeholders in China, including in business, government, NGOs

Chapter 1. Democracy and the Rule of Law in Contemporary China

• Abstract
• 1.1 Interpretation of the Concept of “Democracy”
• 1.2 Functions and Limitations of Democracy
• 1.3 Relationship between Socialist Democracy and the Rule of Law
• 1.4 Guarantee of Democracy by Socialist Rule of Law
• 1.5 Socialist Democratic Rule of Law and Harmonious Society

Chapter 2. Electoral Democracy and Deliberative Democracy Under the Chinese Constitution

• Abstract
• 2.1 China’s Electoral Democracy and Its Basis in the Constitution
• 2.2 China’s Deliberative Democracy and Its Political Nature
• 2.3 Relations between Electoral Democracy and Deliberative Democracy under the Constitution

Chapter 3. The Culture of the Rule of Law in Contemporary China

• Abstract
• 3.1 Definition of Culture and Culture of the Rule of Law
• 3.2 Socialist Culture of the Rule of Law
• 3.3 Rule by Law and Rule by Morality
• 3.4 Building a Stronger Socialist Culture of the Rule of Law

Chapter 4. Rule by Law and Governance by Law

• Abstract
• 4.1 The Ruling Party, the Nature of State, and the Rule of Law
• 4.2 The Communist Party of China Must Adhere to the Rule by Law and Governance by Law
• 4.3 Understanding Governance by Law: Definition and Basic Requirements
• 4.4 Political System Reform: Separation of Party and the Government?
• 4.5 Constitutional Design for the Identification of the Party and the Government
• 4.6 Some Problems and the Need for Solutions in Advancing Governance by Law in China

Chapter 5. Uniformity of the Party and the Law

• Abstract
• 5.1 Conceptual Categories of the Party and the Law
• 5.2 Relations between the Rule of Law and Politics
• 5.3 Uniformity of the Party and the Law
• 5.4 Keeping to the Uniformity of the Party and the Law

Chapter 6. Advancing the Building of the Rule of Law in China

• Abstract
• 6.1 Deepening Political Restructuring Through Comprehensively Promoting the Rule by Law
• 6.2 The Strategic Target of Rule of Law Construction and Reform in China
• 6.3 Rule of Law Construction and Reform in China: General Idea and Basic Requirements
• 6.4 Solving Problems in the Construction of Building the Rule of Law in China

Chapter 7. New Requirements for Comprehensive Rule by Law

• Abstract
• 7.1 Comprehensive Rule by Law Represents a Profound Revolution in State Government
• 7.2 Significance of Comprehensively Advancing the Rule by Law from the Strategic Layout of “Four Comprehensive Objectives”
• 7.3 Comprehensively Ruling the Country by Law Must keep to the Integration of the Socialist Law-based Theory, Law-based Road, and Law-based System
• 7.4 Comprehensive Rule by Law Must keep to “An Organic Unity of the Three”
• 7.5 Comprehensive Rule by Law Must keep to Coordinated Development of Scientific Legislation, Strict Law Enforcement, Impartial Judicature, and Law Abidance by All the People
• 7.6 Comprehensive Rule by Law Must keep to an Integrated Development of Law-based Country, Law-based Government, and Law-based Society and a Common Advancement of the Rule by Law, Governance by Law and Administration by Law