...
- "Rule of Law" in relation to China is the question of what means fazhi.
- As reflected in the current legal system fazhi mainly functions as an instrument of governmental control.
- In legal theory fazhi matters as a value-based concept aiming at restraining governmental discretion and protecting basic constitutional rights.
- Expectations in society concerning further developing of fazhi are growing fast; the Chinese legal system responds only reluctantly. China needs time, as others needed before, and probably more - considering the fact that Chinese tradition - from Confucianism to Communism - did more to spoil than to prepare the soil for a ready acceptance of fazhi as a value by the general populace (Hu 2006).
Panel Bibliography
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Chen Tianben (2008): Analysis of the Administrative Rule of Law, in: Li Lin et al. (Ed.), The China legal Development Yearbook, vol. 1, Beijing, Leiden, Boston, 131 ff.
Hu, Xusheng (2006): Women wie shenme xuyao fazhi. Minzhong de kunhuo yu xuezhe de zeren Warum benötigen wir fazhi ?) Verständnislosigkeit der Volksmassen und Verantwortung der Gelehrten), in: Falü wenhua yanjiu, vol. 2 (Zeng Xianyi, Ed.).
Information Office of the State Council of the People's Republic of China (2008): China's Efforts and Achievements in Promoting the Rule of Law.
Jiang Shilin (1989): Shijie Xianfa da quan (Complete Collection of the Constitutions of the World), Beijing
Ronald C. Keith (1994): China's Struggle for the Rule of Law, New York
Law Institute (1989): Law Institute of the ChineseAcademy of Social Sciences, Reform of the Chinese legal System, in Faxue yanjiu, 1989, no. 2.
Li Buyun (2006): Constitutionalism and China, Beijing
Li Lin, Li Yong (2008): Reform and Development of Chinese Law, in: The China legal Development Yearbook, vol. 1: On the Development of Rule of Law in China, Beijing, Leiden, Boston, p. 3-59.
Pan Wei (2006): Toward a Consultative Rule of Law Regime in China, in: Suisheng Zhao (Ed.), Debating Political Reform in China, Rule of Law vs. Democratization, Amonk, London, p. 3 ff.
Randy Peerenboom (2004): Competing Conceptions of Rule of Law in China, In: Randall Peerenboom (Ed.), Asian Discourses of Rule of Law, London,New York, 113-145.
Xia, Li (2004): Fazhi yu 21 shiji (The Rule of Law and the 21st Century),Beijing
Zhang, Qi (2002): The Dynamics from the Ideal to the Reality - The Rule of Law in China, in: Social Sciences in China, Summer 2002, p. 14-29.
