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2001

Chinese legal institutions

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The Rule Of Law In China, Eric W. Orts Jan 2001

The Rule Of Law In China, Eric W. Orts

Vanderbilt Journal of Transnational Law

This Article explores contemporary meanings of the rule of law with a focus on its meaning in Chinese history and tradition, as well as Chinese legal institutions. Part II considers the concept of law in China, from early understandings in Confucianism and Legalism to more recent treatments in Chinese Communism. It also reviews efforts that the People's Republic of China has made in recent decades to strengthen its legal institutions. Part III begins with a discussion of the Western jurisprudential idea of the rule of law and suggests a distinction between two basic understandings: (1) rule by law as an …