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.
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 Court
How 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