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Building the rule of law in China : ideas, praxis and institutional design
- Author / Creator
- Available as
- Physical
- Summary
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"After thirty years of Mao era (1949-1979) which was struggle-based, the Communist Party of China has begun to change its position as a pioneering revolutionary party, evolving into a universal rul...
"After thirty years of Mao era (1949-1979) which was struggle-based, the Communist Party of China has begun to change its position as a pioneering revolutionary party, evolving into a universal ruling party that transcends class interests. Meanwhile, administrative and judicial reforms oriented toward a more efficient, serving government and the rule of law have been actively carried out. As the earliest work on constructive jurisprudence of new proceduralism in China, this book elaborates on the ideological confrontation on the 'direction of China'. It includes academic debates on politics and law which the author has been involved in, and top-level institutional design in China. Besides, this book introduces, analyzes and evaluates the focus of Chinese contemporary jurisprudence, making some critical summarizing propositions on the practical experiences. A review of Western contemporary jurisprudence and the forefront of legal research is also covered, aiming to provide ideological resources for the rule of law in China."--
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- Creator
- Weidong Ji
- Format
- Books
- Language
- English
- Publication
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- London ; New York : Routledge, an imprint of the Taylor & Francis Group, 2018
- Series
- Physical Details
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- xxv, 207 pages ; 25 cm
- ISBNs
- 9781138089105, 1138089109, 9781315109435
- OCLC
- ocn986788682
- Includes bibliographical references and index.
- Preface to the English translation -- Preface to the first Chinese edition -- Foreword / by Paul Gewirtz -- The second ideological emancipation or a utopia? -- On the innovation and transplantation of institutions and its self-organization -- The considerations and a mistake of critics -- Organism and liberty : the paradox of Hayek's rule of law (a discussion with Prof. Deng Zhenglai about spontaneous order) -- The wisdom and prejudice of Carl Schmitt's constitutional theory -- On two analytical frameworks provided for the debate of jurisprudence -- Definite uncertainties and the grand design of the legal system in China -- The judicial reform in China : the status quo and future directions -- To implement the rule of law through "the system of Three Kinds of Review" -- Legal mode of social transformation -- Tradition and innovation of legal order -- Conditions for modern rule of law -- The roots of law and its efficacy -- Institutional combinations between "sollen" and "actuality" -- Efficiency-seeking jurisprudence -- The quantitative analysis and prediction of changes in law -- The rule of private law and economic development -- Reflections on relational contract theory -- The status and role of parties in action inside and outside of court -- Law and society geared to the 21st century : reflections on the 31st session of the Symposium of the Research Committee on the Sociology of Law of the International Sociological Association -- Epilogue to the enlarged Chinese edition