Building the Rule of Law in China
Procedure, Discourse and Hermeneutic Community
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 elucidates some of the most critical problems in the process of constructing a legal order and realizing institutional innovation in China: democracy, fair and reasonable procedure, interpretation techniques, cognitive ability of legislation, position and function of the jurist group, and professional ethics, etc. Besides, it expounds five pairs of contradictions in the modernization process of Chinese legal system, namely, substantial and procedural justice, moral and legal debates, formal and reflective rationality, the major responsibility on bureaucrats and lawyers, and the motivation of public welfare and profit, and explores appropriate approaches to combine the different factors.
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.
Table of Contents
List of illustrations. Preface to the English Translation. Preface to the First Chinese Edition Chapter 1 The Significance of Legal Procedure—A Perspective for Analyzing China's Construction of Its Legal System Chapter 2 The Essence of Legal Interpretations—The Third Approach to Explore Pragmatic Jurisprudence Chapter 3 Trial Implementation of Codification—A Reflective Mechanism between Facts and Norms Chapter 4 The Position of the Legal Profession—The Japanese Practice of Restructuring Power Chapter 5 Modern Market Economy and the Professional Ethics of Lawyers—A Comparative Analysis of Humanistic Legal Discourse Epilogue to the Enlarged Chinese Edition. Index
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.