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Studying Contemporary Chinese Law: Limits, Possibilities And Strategy, Stanley B. Lubman
Studying Contemporary Chinese Law: Limits, Possibilities And Strategy, Stanley B. Lubman
Hong Yen Chang Center for Chinese Legal Studies
What can the study of Chinese law bring to the study of China itself? This Article first distills what we have learned. It reviews Chinese legal studies since their revival in the 1960s in the United States, where foreign studies of modem Chinese law has been most vigorous since the People's Republic of China ("PRC") was established. The major themes that emerged from research before the reform decade emphasized the politicization of law, the persistence of traditional cultural influences and the impact of bureaucratic practice on current institutions - all themes which remain important today. Since the advent of reform, …
Emerging Functions Of Formal Legal Institutions In China's Modernization, Stanley B. Lubman
Emerging Functions Of Formal Legal Institutions In China's Modernization, Stanley B. Lubman
Hong Yen Chang Center for Chinese Legal Studies
In 1977 when China's leaders dedicated themselves to the four modernizations, they consciously decided to reestablish formal legal institutions as part of their ambitious plan of growth. In light of China's legal history since the Communist victory in 1949, this decision is significant. Since 1949 law had borne the heavy imprint of politics; since the late nineteen-fifties, the Chinese leadership had shown little concern for the fate of formal legal institutions; during the Cultural Revolution, the legal system had virtually disappeared. But since 1977, despite fluctuations in economic policy the attitudes of the leadership toward law, repeatedly echoed by lower …