1st Edition
Building the Rule of Law in China Ideas, Praxis and Institutional Design
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.
Scholars and students in Chinese legal and social transformation studies will be attracted by this book. Furthermore, it will help different civilizations conduct rational dialogues on justice and order.
List of illustrations. Preface to the English Translation. Preface to the First Chinese Edition Chapter 1 The Second Ideological Emancipation or a Utopia? Chapter 2 On the Innovation and Transplantation of Institutions and Its Self-organization Chapter 3 The Considerations and a Mistake of Critics Chapter 4 Organism and Liberty—The Paradox of Hayek's Rule of Law (A Discussion with Professor Deng Zhenglai about Spontaneous Oder) Chapter 5 The Wisdom and Prejudice of Carl Schmitt's Constitutional Theory Chapter 6 On Two Analytical Frameworks Provided for the Debate of Jurisprudence Chapter 7 Definite Uncertainties and the Grand Design of the Legal System in China Chapter 8 The Judicial Reform in China: The Status Quo and Future Directions Chapter 9 To Implement the Rule of Law through "The System of Three Kinds of Review" Chapter 10 Legal Mode of Social Transformation Chapter 11 Tradition and Innovation of Legal Order Chapter 12 Conditions for Modern Rule of Law Chapter 13 The Roots of Law and its Efficacy Chapter 14 Institutional Combinations between "Sollen" and "Actuality" Chapter 15 Efficiency-Seeking Jurisprudence Chapter 16 The Quantitative Analysis and Prediction of Changes in Law Chapter 17 The Rule of Private Law and Economic Development Chapter 18 Reflections on Relational Contract Theory Chapter 19 The Status and Role of Parties in Action Inside and Outside of Court Chapter 20 Law and Society Geared to the 21st Century¡ªReflections 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. Index
Biography
Weidong Ji is Dean and Chair Professor of KoGuan Law School, Shanghai Jiao Tong University. His research interests include sociology of law, comparative law, constitutional law, judicial system, etc.
To my knowledge, this book is the most comprehensive introduction to date to the main challenges China faces for implementing the rule of law. Professor Ji Weidong shows both a robust culture in sociology of law and a personal knowledge of the evolutions of law and justice in China. Only both an insider and an outsider could reach such sophistication in pointing real problems, in framing the debates, and in designing solutions.
——Judge Antoine Garapon (Secretary General of the Institute for Advanced Studies on Justice, Paris)
"This new book reveals Professor Ji Weidong?s thoughtful and ambitious agenda for the future of China. Just a glance at the table of contents which is full of stimulating words and phrases whets our intellectual appetite. As a proceduralist, I am particularly attracted by the first chapter which discusses the nature and function of “procedure”. And as a former mentor at Kyoto University, I congratulate Prof. Ji for this monumental achievement."
——Yasuhei Taniguchi, Prof. Emeritus of Kyoto University, Former Appellate Body Member of the WTO, Judge of Singapore International Commercial CourtHow much did and do we know about the West, its background, merits and shortcomings? More importantly how much did and do we know about traditional China? Since the focus of attention of this book is on law and jurisprudence, should we use it as a vehicle for a part of a ride to reach for a farther goal of a more comprehensive, appropriate system of world order and justice? Apparently Professor Ji is interested in addressing these problems and I am sure that with his profound learning and enormous wisdom he will help us to move a significant step towards that direction. ——Wejen Chang, Researcher Emeritus at Academia Sinica , Taipei
