china rule of law
We must thoroughly understand the rule of law, we must rehabilitate areas of our jurisprudence that deprive us of lawful rule and we must insist that judges are duty-bound to ensure that the reason in our law is not trumped by mere will.
Ironies abound. While America is engaged in a bitter partisan battle during this election season over who will control the "non-partisan" U.S. Supreme Court, China's Communist Party authorities are arresting lawyers in the name of establishing the "rule of law." (continued)
Clearly, fear-based rule was not left behind with the end of the Cultural Revolution in 1976, as many thought. This should not be surprising. Even as China's economy has boomed and modernized, its political system has retained its core totalitarian features: a state exempt from the rule of law, a domestic security apparatus with agents and informants virtually everywhere, widespread censorship, and weak protection of individual rights. Having never been repudiated, these institutional relics of Maoism remain available to be used and intensified whenever the top leadership sees fit, as it does today.
SINGAPORE -- At its fourth plenary of the 18th congress in October 2014, the Chinese Communist Party leadership passed an ambitious reform plan on the legal system. The party devoted this entire plenary session to discuss "rule of law" -- something unprecedented in the history of the party's plenary sessions. This act was widely interpreted as the Xi Jinping leadership's determination to build a system of "rule of law" in the country.
Activists say authorities use them as a tactic to intimidate opponents.
BEIJING - Nobody is empowered to act beyond the limit of the Constitution and laws. This is the true meaning of rule of law, which distinguishes it from governance by man.
BEIJING -- The law is not opposed to relationships; on the contrary, the law is meant to set behavioral norms and standards for them. But what this author refers to by the term guanxi is that sort of relationship that "opens doors" to "hidden paths," and this sort of guanxi goes against the spirit of the law.
In the political arena in China at this moment, "the rule of law" is the most fashionable topic. The Fourth Plenary Session of the 18th Central Committee of the Communist Party of China which was held from Oct. 20 to 23 adopted the decision on major issues concerning comprehensively advancing rule of law in China. For the first time, the ruling party of China dedicated an entire plenary session to such a topic.
The greatest dilemma facing the Chinese government in its long-standing efforts to build an effective legal system is how to ensure both the integrity of the judiciary and the Communist Party's monopoly of power.
While the White House has yet to release President Obama's schedule, expect President Obama and President Hu Jintao to discuss military ties, global economic health, climate change and human rights.