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Kommentar: Migrated to Confluence 5.3

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The discourse of fazhi in general and of the relevant constitutional institutions in particular is affected by different expectations of the governing party on the one and legal theorists on the other side. Whereas the party and parts of legal theorists look at fazhi essentially in terms of efficiency, security and predictability ("rule by laws"), the rights protection function of fazhi was however not overlooked since the beginning of the discourse (Li Buyun 20042006) and continues to be emphasized. Peerenboom distinguishes several "versions" of the rule of law as they are discussed in Chinese theoretical literature, i. e. "liberal democratic", "communitarian", "soft-authoritarian" and "statist socialist" versions, emphasizing respectively civil and political liberties or stability and economic growth (Peerenboom 2004). The "leading sound" is produced by governmental statements presenting fazhi in terms of establishing a legal system "with Chinese characteristics" in order to improve administrative efficiency (including the administration of justice), regulating markets and safeguarding human rights (Information Office 2008) "in conjunction with national conditions" (Li, Li 2008, 57 f.). This is assisted by scholarly deliberations suggesting a "consultative rule of law regime" (mainly as an anti-corruption mechanism) while avoiding democratization (Pan 2006) and by many studies focusing on aspects of improvement of administrative work as a consequence of "increased rules and regulations" (Chen 2008).

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