2011Journal of Yangzhou UniversityRequires access

Toward the Age of Methodology:the Theoretical Background of Rule-of-law

Chen Jin-zhao

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Abstract

The pure rule-of-law advocates are rare in China because we always take a pragmatic position both to religion and to the rule-of-law notion,wherein the rule-of-law notion or theory has the salient property of contradiction in China.It can be accounted for by both the long-term battle between autocracy and rule of law and the fact that right has been submitted to power.Deep in the Chinese thinking mode,politics always suppresses law.Postmodernist law keeps deconstructing the rule of law under the banner of ambiguity and uncertainty of law.People seem to have lost confidence in the rule of law.Particularly with the reversal of radicalism and conservatism in Chinese ideology,the rule-of-law advocates can do nothing but struggle in bitter reflections.We need some apologists to defend the rule-of-law theory.

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What this paper is about

The pure rule-of-law advocates are rare in China because we always take a pragmatic position both to religion and to the rule-of-law notion,wherein the rule-of-law notion or theory has the salient property of contradiction in China.It can be accounted for by both the long-term battle between autocracy and rule of law and the fact that right has been submitted to power.Deep in the Chinese thinking mode,politics always suppresses law.Postmodernist law keeps deconstructing the rule of law under the banner of ambiguity and uncertainty of law.People seem to have lost confidence in the rule of law.Particularly with the reversal of radicalism and conservatism in Chinese ideology,the rule-of-law advocates can do nothing but struggle in bitter reflections.We need some apologists to defend the rule-of-law theory.

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Available abstract

The pure rule-of-law advocates are rare in China because we always take a pragmatic position both to religion and to the rule-of-law notion,wherein the rule-of-law notion or theory has the salient property of contradiction in China.It can be accounted for by both the long-term battle between autocracy and rule of law and the fact that right has been submitted to power.Deep in the Chinese thinking mode,politics always suppresses law.Postmodernist law keeps deconstructing the rule of law under the banner of ambiguity and uncertainty of law.People seem to have lost confidence in the rule of law.Particularly with the reversal of radicalism and conservatism in Chinese ideology,the rule-of-law advocates can do nothing but struggle in bitter reflections.We need some apologists to defend the rule-of-law theory.

Key concepts: Rule of law, Law, Due process, Public law, Philosophy of law, Principle of legality, Private law, Comparative law

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