Wednesday, May 11, 2016

Albert Chen on China's Long March Towards Rule of Law (Chinese J Comp Law)

"China's Long March towards Rule of Law or China's Turn against Law?"
Albert Chen
Chinese Journal of Comparative Law
Vol. 4, Issue 1, March 2016, pp. 1-35
Abstract: Legal developments in post-Mao China have been described by Randall Peerenboom as a ‘long march toward rule of law’, but Carl Minzner has suggested that there was a ‘turn against law’ in the first decade of this century. Was there a movement towards the rule of law in China since the era of ‘reform and opening’ began in the late 1970s, and, if so, has this movement continued in the last 15 years? This article begins with some methodological reflections regarding the proper approach to the study and evaluation of legal developments in contemporary China. It then reviews the trajectory of Chinese legal reform in the last 15 years and argues that there has not been a ‘turn against law’. Finally, it explores the possibilities and limits of China’s self-proclaimed project of ‘ruling the country in accordance with law’ and developing a ‘socialist Rule of Law with Chinese characteristics’.  Click here to read the full article.