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Discussion At Second U.S.-China Rule Of Law Dialogue, Stanley B. Lubman
Discussion At Second U.S.-China Rule Of Law Dialogue, Stanley B. Lubman
Hong Yen Chang Center for Chinese Legal Studies
Professor Cheng analyzes the foundation and structure of the present configuration of Chinese legal institutions and its desirable future in a very small number of pages--- a brave and suggestive approach. (I am avoiding the term “Chinese legal system” for reasons that will be clear.) She begins by noting NPC Chairman Wu Banguo’s recent statement that China has now created “a socialist system of laws with Chinese characteristics” (hereafter SSLCC).
A Populist Threat To China's Courts?, Benjamin L. Liebman
A Populist Threat To China's Courts?, Benjamin L. Liebman
Faculty Scholarship
Is the Chinese party-state too responsive to public opinion? In the case of the courts, this may be the case. Western literature has devoted extensive attention to the problems in the Chinese legal system, in particular in the courts, describing a system that continues to be undermined by a range of problems, from corruption to lack of competence to continued Communist Party intervention. Likewise, existing literature describes a legal system that often is unresponsive to individual demands for justice. In this chapter, I examine another possibility: that one impediment to the development of courts that are able to protect individual …