...
| Panel |
|---|
In Chinese the „rule of law" is usually referred to as fazhi which literally means "regulating by laws". It is regarded as the antithesis of renzhi (regulating by men); to postulate fazhi is therefore tantamount to negate the long tradition of renzhi_. Still in the beginning of the 1980s_ fazhi as a value of chinese political culture was not unchallenged. Since 1999 however, the constitution stipulates that China "implements (the principle) to rule the country according to law" (_yi fa zhi guo) _and "establishes a socialist state regulated by law" (jianshe shehuizhuyi fazhi guojia) Therefore_ fazhi became first and above all an expression for extensive legislation, i.e. lawmaking by the National People's Congress and the State Council (central government). Implementation of the newly created legal rules by administrative bodies and the judiciary as well as legal education became further elements of fazhi_. Due to a political system with a "leading party" as its nucleus and the refusal of the doctrine of checks and balances (separation of powers)_ fazhi tends to be instrumental for political ends rather than limiting political power. |
...
- "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).
...
...
Bibliography
...
Björn Ahl (2006): Advancing the Rule of Law through Education? Analysis of the Chinese National Judicial Examination, in: Issues and Studies 42, no. 2, 171-204.
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.
