2005•Journal of Beijing Normal UniversityRequires access

On Legitimacy of Judiciary Reform

Shi Li-mei

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Abstract

The judiciary reform of China has been proceeded for more than twenty years till now. But recently, the legitimacy of our judiciary reform has been occasionally oppugned by scholars. Judiciary reform as a legal activity, should follow the principle of legitimacy, but legitimacy does not mean that the reform must be limited to the existing law. Legitimacy is not legality; it includes two aspects: the form and the essence. It is important to rebuild the theory of legitimacy to resolve the legitimacy crisis of our judiciary reform.

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What this paper is about

The judiciary reform of China has been proceeded for more than twenty years till now. But recently, the legitimacy of our judiciary reform has been occasionally oppugned by scholars. Judiciary reform as a legal activity, should follow the principle of legitimacy, but legitimacy does not mean that the reform must be limited to the existing law. Legitimacy is not legality; it includes two aspects: the form and the essence. It is important to rebuild the theory of legitimacy to resolve the legitimacy crisis of our judiciary reform.

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Available abstract

The judiciary reform of China has been proceeded for more than twenty years till now. But recently, the legitimacy of our judiciary reform has been occasionally oppugned by scholars. Judiciary reform as a legal activity, should follow the principle of legitimacy, but legitimacy does not mean that the reform must be limited to the existing law. Legitimacy is not legality; it includes two aspects: the form and the essence. It is important to rebuild the theory of legitimacy to resolve the legitimacy crisis of our judiciary reform.

Key concepts: Legitimacy, Principle of legality, Political science, Law, China, Law and economics, Sociology, Politics

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