2013Journal of Yangzhou UniversityRequires access

The Rule of Law in China:Mutation and Repair

Chen Jin-zhao

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Abstract

The rule of law in modern China is somewhat ill-timed.In war time there was no way to get engaged in the law construction.After the founding of the People's Republic of China,the rule of law has been viewed in the framework of revolutionary thinking.In the reform and opening up era,the rule of law encounters social transformation.Through the law construction in the past three decades,the situation is like this: in the face of the notion of characteristics, law equals politics;in the unilateral ideological the independence and authority of law are diluted by the social factors;what the law introduced from the West has brought us is the theory used to deconstruct the rule of law.In Chinese law construction we should not merely emphasize the unity of law and various social elements.More importantly,we must admit the relative independence of law and the rule-of-law methods.

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The rule of law in modern China is somewhat ill-timed.In war time there was no way to get engaged in the law construction.After the founding of the People's Republic of China,the rule of law has been viewed in the framework of revolutionary thinking.In the reform and opening up era,the rule of law encounters social transformation.Through the law construction in the past three decades,the situation is like this: in the face of the notion of characteristics, law equals politics;in the unilateral ideological the independence and authority of law are diluted by the social factors;what the law introduced from the West has brought us is the theory used to deconstruct the rule of law.In Chinese law construction we should not merely emphasize the unity of law and various social elements.More importantly,we must admit the relative independence of law and the rule-of-law methods.

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Available abstract

The rule of law in modern China is somewhat ill-timed.In war time there was no way to get engaged in the law construction.After the founding of the People's Republic of China,the rule of law has been viewed in the framework of revolutionary thinking.In the reform and opening up era,the rule of law encounters social transformation.Through the law construction in the past three decades,the situation is like this: in the face of the notion of characteristics, law equals politics;in the unilateral ideological the independence and authority of law are diluted by the social factors;what the law introduced from the West has brought us is the theory used to deconstruct the rule of law.In Chinese law construction we should not merely emphasize the unity of law and various social elements.More importantly,we must admit the relative independence of law and the rule-of-law methods.

Key concepts: Law, Chinese law, Public law, Comparative law, Rule of law, Municipal law, Ideology, Philosophy of law

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