The Battle Over Legal Reforms in China: Has There Been a Turn Against Law?
| Autor: | Randall Peerenboom |
|---|---|
| Rok vydání: | 2014 |
| Předmět: | |
| Zdroj: | The Chinese Journal of Comparative Law. 2:188-212 |
| ISSN: | 2050-4810 2050-4802 |
| DOI: | 10.1093/cjcl/cxu012 |
| Popis: | Legal reforms are at a crossroads in China. Liberal reformers hoped that the transition from Hu Jintao to Xi Jinping and the replacement of the much maligned Party-system cadre Wang Shengjun by the legally trained technocrat Zhou Qiang as head of the Supreme People’s Court (SPC) would lead to a turn towards liberal legality and a new era of liberal legal reforms. This article assesses the future of legal reforms in light of the Central Committee Decision concerning Some Major Issues in Comprehensively Deepening Reform and recent events. The first part begins with a brief overview of reforms and the major faultlines or challenges for legal reforms to provide context for the Decision. The second part summarizes and critically appraises the Decision. The third part discusses two dominant approaches to assessing legal reforms in China. The first emphasizes structural factors, sees a continuity from SPC presidents Xiao Yang to Wang Shengjun to Zhou Qiang, and therefore predicted there would be no turn towards liberal legality under the new administration, while the second emphasizes personalities, saw Wang Shengjun as a radical departure from the tradition of liberal legality under Xiao Yang, and thus predicted a return to a more liberal approach under Zhou Qiang. The fourth part concludes. |
| Databáze: | OpenAIRE |
| Externí odkaz: |
|