The Chinese road of the rule of law / Li Lin ; [translated by Xiaoqing Bi].
2018
KNQ2020 .L513 2018 (Map It)
Available at Cellar
Formats
| Format | |
|---|---|
| BibTeX | |
| MARCXML | |
| TextMARC | |
| MARC | |
| DublinCore | |
| EndNote | |
| NLM | |
| RefWorks | |
| RIS |
Items
Details
Author
Title
The Chinese road of the rule of law / Li Lin ; [translated by Xiaoqing Bi].
Published
Singapore : Springer, [2018]
Call Number
KNQ2020 .L513 2018
Former Call Number
Ch.P 910 L61212 2018
ISBN
9811089647 hardcover
9789811089640 hardcover
9789811089640 hardcover
Description
xvi, 311 pages ; 25 cm.
System Control No.
(OCoLC)1027131336
Summary
This book studies the practical experience and theoretical development of rule of law in China, and provides fundamental theory for the construction of rule of law in contemporary China. The author examines the rule of law by exploring the entire legal system, and highlighting various aspects including the legislation, law enforcement and supervision systems. Readers will also discover the author's strong opinions on scientific legislation, legal government, judicial reform, and the culture of rule of law. This highly readable book will appeal to both general readers and researchers interested in rule of law in China.
Bibliography, etc. Note
Includes bibliographical references.
Series
Record Appears in
Added Author
Table of Contents
1.
Introduction: The Road and Theory of Socialist Rule of Law with Chinese Characteristics
1
1.1.
Taking the Road of Socialist Rule of Law with Chinese Characteristics
1
1.2.
Adhering to the Theory of Socialist Rule of Law with Chinese Characteristics
7
2.
Historical Process of Constructing Socialist Rule of Law with Chinese Characteristics
13
2.1.
Historical Process of Constructing Socialist Rule of Law with Chinese Characteristics
13
2.1.1.
Construction of the Legal System During the Period Between the Founding of the New China and the Beginning of the Reform and Opening up
13
2.1.2.
Construction of the Rule of Law with Chinese Characteristics Since the Reform and Opening up
21
2.2.
Historical Achievements Made by China in the Construction of the Socialist Rule of Law with Chinese Characteristics
47
2.2.1.
Establishment of Ruling the Country by Law as a Basic Strategy of State Governance
47
2.2.2.
Establishing the Rule of Law as the Basic Method of State Governance
49
2.2.3.
Adhering to the People First Principle and Respecting and Safeguarding Human Rights
52
2.2.4.
Formation on Schedule of the Socialist Legal System with Chinese Characteristics
55
2.2.5.
Steadily Advancing the Construction of a Law-Based Government
58
2.2.6.
Continuously Improving the Judicial System
61
2.2.7.
Markedly Enhancing the Consciousness of the Rule of Law Among All Members of Society
65
2.3.
Basic Experience of Construction of Socialist Rule of Law with Chinese Characteristics
67
2.3.1.
Always Adhering to the Leadership of the CPC Over the Construction of the Rule of Law
68
2.3.2.
Always Adhering to the Road of Socialist Democracy and Rule of Law with Chinese Characteristics
68
2.3.3.
Always Attaching High Importance to the Strategic Position and the Role of the Rule of Law in the Modernization Construction
69
2.3.4.
Strengthening the Construction of the Rule of Law Culture and Enhancing the People's Consciousness of the Socialist Rule of Law
70
2.3.5.
Always Adhering to Coordinated Development of the Rule of Law, the Economy and Society and Using the Rule of Law to Guide and Guarantee the Smooth Implementation of Various Reforms
71
2.3.6.
Always Adhering to the "People First" Principle and to the Principle of Respecting and Safeguarding Human Rights
71
2.3.7.
Always Adhering to the Organic Unity of the Party's Leadership, the People Being Masters of the Country and Ruling the Country by Law
72
References
73
3.
Formation and Improvement of the Socialist Legal System with Chinese Characteristics
75
3.1.
Legal Systems and Their Classification
75
3.1.1.
Understanding of the Legal System by Western Countries
76
3.1.2.
Discussions on the Legal System in the Soviet Union
78
3.1.3.
China's Understanding of the Legal System
80
3.2.
Historical Process and Great Significance of the Formation of the Socialist Legal System with Chinese Characteristics
84
3.2.1.
Historical Process of the Formation of the Socialist Legal System with Chinese Characteristics
84
3.2.2.
Criteria of the Formation of a Legal System with Chinese Characteristics
94
3.2.3.
Great Significance of the Formation of the Socialist Legal System with Chinese Characteristics
97
3.3.
Main Legislative Experiences of the Formation of the Socialist Legal System with Chinese Characteristics
107
3.3.1.
Taking the Constitution as the Basis and the Overall Interest of the Country and the Basic Interest of the People as the Starting Point
107
3.3.2.
Taking Economic Construction as the Center of Economic Construction and Closely Combining Legislation with Major Decision-Making on Reform and Development
108
3.3.3.
Adhering to the Chinese National Conditions and Characteristics and Drawing on Foreign Legislative Experiences
112
3.3.4.
Adhering to Democratic, Scientific and High-Quality Legislation
115
3.3.5.
Attaching Equal Importance to the Adoption and Revision of Laws and Continuously Improving the Legal System
127
3.3.6.
Adhering to the Organic Unity of the CPC's Leadership, People's Democracy and Ruling the Country by Law
131
3.4.
Continuously Improving the Socialist Legal System with Chinese Characteristics
132
3.4.1.
Construction of the Rule of Law and the Realization of the "Five Transitions" of the Legislative Work
133
3.4.2.
Establishing a Stricter and More Scientific Standard on the Socialist Legal System with Chinese Characteristics
138
3.4.3.
Strengthening the Research on the Legislative Theory of the Socialist Legal System with Chinese Characteristics
141
3.4.4.
Adopting and Implementing Scientific Legislative Development Strategies and Legislative Plans
143
3.4.5.
Quickening the Pace of Codification
145
3.4.6.
Promoting the Institutionalization and Normalization of Cleanup of Laws
148
References
153
4.
Contemporary Chinese Model of the Rule of Law from the Perspective of Comparative Law
155
4.1.
Discussion on the "China Model" and "China Model of Rule of Law"
155
4.1.1.
Different Opinions on the "China Model"
155
4.1.2.
"China Model of the Rule of Law"
158
4.2.
Historical Origins of the Contemporary "China Model of the Rule of Law"
159
4.3.
Main Characteristics of the Contemporary "China Model of the Rule of Law"
165
4.3.1.
Taking Economic and Social Construction as the Center and Strengthening the Construction of the Rule of Law
166
4.3.2.
Proceeding from the National Conditions in China and Drawing on All Beneficial Results of the Development of the Rule of Law Civilization in the World
168
4.3.3.
Development of the Rule of Law Characterized by Government Dominance, Combination of Higher Levels with Lower Levels, and Steady Advancement
169
4.3.4.
Combining the Rule of Law with the Rule of Virtue, with the Rule of Law Playing the Leading Role
170
4.3.5.
Adhering to the Unity of the Rule of Law and the Unity of Diversity
172
4.3.6.
Adhering to the Organic Unity of the CPC's Leadership, the People's Democracy and Ruling the Country by Law
174
4.4.
Comparative Study on the Level of Development of the Rule of Law in China
175
4.4.1.
Rule of Law Index of the World Justice Project
175
4.4.2.
World Bank Rule of Law Assessment Standard
176
4.4.3.
Hong Kong Rule of Law Index
177
4.4.4.
Rule of Law Assessment Systems of Shanghai, Beijing, Nanjing and Yuhang District of Hangzhou City
178
4.4.5.
Principles on the Comparison (Assessment) of the Level of Development of the Rule of Law
178
References
193
5.
Realizing Fairness and Justice Through the Rule of Law
195
5.1.
What Is Fairness and Justice in the Legal Sense
195
5.2.
Why Should Justice Be Realized Through the Rule of Law?
199
5.3.
Transforming Moral Demands for Justice into Law Through Democratic and Scientific Legislation
205
5.4.
Realizing Justice Through Implementation of Law
211
5.4.1.
Realizing Justice Through Strict Enforcement of Law
211
5.4.2.
Realizing Justice Through Judicial Fairness
213
5.4.3.
Realizing Justice Through Conscientious Observance of Law
216
References
218
6.
Ruling the Country by Law and Promoting the Modernization of State Governance
221
6.1.
Relationship Between Ruling the Country by Law and Promoting the Modernization of State Governance
221
6.1.1.
Meanings of Ruling the Country by Law and State Governance
222
6.1.2.
Relationship Between Ruling the Country by Law and State Governance
224
6.1.3.
Key to the Modernization of State Governance Is Bringing It Under the Rule of Law
227
6.2.
Promoting the Modernization of State Governance by Giving Full Play to the Important Role of the Rule of Law
229
6.2.1.
Promote the Modernization of State Governance by Giving Full Play to the Functions of the Constitution as the General Rules on Administering State Affairs and Ensuring National Security
229
6.2.2.
Guiding the Modernization of State Governance by Giving Full Play to the Value Judgment Function of the Rule of Law
231
6.2.3.
Promoting the Modernization of State Governance by Giving Full Play to the Regulating Functions of the Rule of Law
232
6.2.4.
Promoting the Modernization of State Governance by Giving Full Play to the Coercive Function of the Rule of Law
234
6.2.5.
Promoting the Modernization of State Governance by Giving Full Play to the Function of Democratic and Scientific Legislation
235
6.2.6.
Promoting the Modernization of State Governance by Ensuring the Exercise of the Ruling Power by the CPC in Accordance with the Constitution and Laws
236
6.3.
Comprehensively Implementing the Strategy of Ruling the Country by Law and Speeding up the Construction of Rule of Law in China in Accordance with the General Reform Objective of Modernization of State Governance
238
6.3.1.
Strengthening the Authority of the Rule of Law and of Good Law and Good Governance and Bringing State Governance Under the Rule of Law
238
6.3.2.
Strengthening the Construction of the People's Congress System and Promoting the Democratization of State Governance
240
6.3.3.
Improving the Chinese Legal System and Providing Legal Support for the Formation of a Structurally Complete, Scientifically Standardized and Operationally Effective State System
242
6.3.4.
Strengthening the Implementation of the Constitution and Laws and Enhancing the State's Capacity for Governance by Law
243
6.3.5.
Implementing the Index System of Construction of the Rule of Law and Enhancing the Efficiency of State Governance by Law
244
6.3.6.
Promoting the Modernization of State Governance in the Process of Constructing China into a Country Under the Rule of Law
245
References
246
7.
Comprehensively Promoting Ruling the Country by Law and Striving to Build China into a Country Under the Rule of Law
249
7.1.
Great Strategic Significance of Comprehensively Advancing Ruling the Country by Law at the New Historical Starting Point
250
7.2.
Deepening Political Reform by Comprehensively Advancing Ruling the Country by Law
256
7.2.1.
Essence of Comprehensive Advancement of Ruling the Country by Law Is the Reform of the Political System
256
7.2.2.
Comprehensive Advancement of Ruling the Country by Law Is the Only Road to Deepening Political Reform in China
259
7.2.3.
Deepening Political Reform in the Process of Comprehensive Advancement of Ruling the Country by Law
262
7.3.
Strategic Reform Objectives of Comprehensive Advancing Ruling the Country by Law and Building China into a Country Under the Rule of Law
264
7.3.1.
Rule of Law Is an Important Content of Socialist Democratic Politics and the Advancement of Ruling the Country by Law Is an Important Means of Implementing Political Reform in China
264
7.3.2.
Rule of Law Is an Important Guarantee of Comprehensive Deepening of the Reform
266
7.4.
Overall Thinking and Basic Requirements of Comprehensively Advancing Ruling the Country by Law and Building China into a Country Under the Rule of Law
269
7.4.1.
Overall Thinking of Comprehensively Advancing Ruling the Country by Law and Building China into a Country Under the Rule of Law
269
7.4.2.
Basic Requirements of Comprehensively Advancing Ruling the Country by Law and Building China into a Country Under the Rule of Law
270
7.5.
Several Issues to Be Dealt with in the Comprehensive Advancement of Ruling the Country by Law and Construction of the Rule of Law in China
273
7.5.1.
Strengthening and Improving the Ruling Party's Leadership Over Ruling the Country by Law
273
7.5.2.
Advancing Democratic and Scientific Legislation, Improving the Quality of Legislation, and Perfecting the Legal System
274
7.5.3.
Comprehensively Deepening Administrative Reform and Speeding up the Construction of a Law-Based Government
275
7.5.4.
Comprehensively Deepening the Reform of the Judicial System
276
7.5.5.
Continuously Strengthening the Respect for and Safeguarding of Human Rights
277
7.5.6.
Strengthening the Implementation of the Constitution and Laws
278
7.5.7.
Advancing "The Fight Against Corruption and Regulation of Power" Through the Application of the Rule of Law Thinking and Method
280
7.5.8.
Comprehensively Deepening the Reform on the Track of the Rule of Law
281
References
285
8.
High-Degree Unity of the Party and the Law: The Fundamental Characteristic of the Chinese Road of the Rule of Law
287
8.1.
Conceptual Categories of "the Party" and "the Law"
288
8.1.1.
Conceptual Categories of "the Party"
288
8.1.2.
Conceptual Category of "the Law"
289
8.1.3.
Relationship Between "the Party" and "the Law"
289
8.2.
Unity of the Rule of Law and Politics
291
8.3.
High-Degree Unity of the Party and the Law
296
8.3.1.
High-Degree Unity of the Party and the Law from the Perspective of the Party's Leadership and the Essence of Socialist Rule of Law
297
8.3.2.
High-Degree Unity of the Party and the Law from the Perspective of the Chinese Constitution
297
8.3.3.
High-Degree Unity of the Party and the Law from the Perspective of the Constitution of the CPC
298
8.3.4.
High-Degree Unity of the Party and the Law from the Perspective of Documents of CPC Party Congresses
299
8.3.5.
High-Degree Unity of the Party and the Law from the Perspective of the Legalization of the CPC's Lines, Principles and Policies
301
8.3.6.
High-Degree Unity of the Party and the Law from the Perspective of Democratic State Legislation
301
8.3.7.
High-Degree Unity of the Party and the Law from the Perspective of Adhering to the CPC's Leadership and to the Independent Exercise of Powers by Judicial Organs in Accordance with Law
301
8.4.
Adhering to the High-Degree Unity of the Party and the Law Is a Basic Experience of the Construction of the Rule of Law in China
303
References
310