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Conference Paper: 'China's Long March Toward Rule of Law' or 'China's Turn Against Law'?

Title'China's Long March Toward Rule of Law' or 'China's Turn Against Law'?
Authors
KeywordsChina
Rule of law
Orientalism
Issue Date2012
Citation
The 2012 Conference on the State in Asia: Power, Citizenship, Rule of Law, Leiden, The Netherlands, 12-14 December 2012. How to Cite?
AbstractIn 2002, Professor Randall Peerenboom published a major work on legal reforms in post-Mao China, entitled “China’s Long March Toward Rule of Law”. In 2011, Professor Carl Minzner published a major article on trends of legal development in China in the first decade of the 21st century, entitled “China’s Turn Against Law”. Has China really embarked upon a “long march toward Rule of Law” since Deng Xiaoping initiated the era of “reform and opening” in the late 1970s? If so, has there been a regression or retrenchment in Rule of Law developments in China in recent years? These questions cannot be properly addressed without first reflecting on what methodology or approach we should adopt in describing and assessing legal developments in contemporary China. This paper therefore consists of two main parts. Part I engages in methodological reflections on the study of contemporary Chinese law as an exercise in comparative law, by reviewing and commenting on some relevant writings of leading scholars in the field. Part II of the paper then proceeds to evaluate the legal reforms in post-Mao China and recent trends in the Chinese legal system.
DescriptionMorning Session 2
The Conference program's website is located at http://hum.leiden.edu/lias/conference-amt/programme/programme.html
Persistent Identifierhttp://hdl.handle.net/10722/187150
SSRN

 

DC FieldValueLanguage
dc.contributor.authorChen, AHYen_US
dc.date.accessioned2013-08-20T12:31:28Z-
dc.date.available2013-08-20T12:31:28Z-
dc.date.issued2012en_US
dc.identifier.citationThe 2012 Conference on the State in Asia: Power, Citizenship, Rule of Law, Leiden, The Netherlands, 12-14 December 2012.en_US
dc.identifier.urihttp://hdl.handle.net/10722/187150-
dc.descriptionMorning Session 2-
dc.descriptionThe Conference program's website is located at http://hum.leiden.edu/lias/conference-amt/programme/programme.html-
dc.description.abstractIn 2002, Professor Randall Peerenboom published a major work on legal reforms in post-Mao China, entitled “China’s Long March Toward Rule of Law”. In 2011, Professor Carl Minzner published a major article on trends of legal development in China in the first decade of the 21st century, entitled “China’s Turn Against Law”. Has China really embarked upon a “long march toward Rule of Law” since Deng Xiaoping initiated the era of “reform and opening” in the late 1970s? If so, has there been a regression or retrenchment in Rule of Law developments in China in recent years? These questions cannot be properly addressed without first reflecting on what methodology or approach we should adopt in describing and assessing legal developments in contemporary China. This paper therefore consists of two main parts. Part I engages in methodological reflections on the study of contemporary Chinese law as an exercise in comparative law, by reviewing and commenting on some relevant writings of leading scholars in the field. Part II of the paper then proceeds to evaluate the legal reforms in post-Mao China and recent trends in the Chinese legal system.-
dc.languageengen_US
dc.relation.ispartofThe State in Asia: Power, Citizenship, Rule of Law Conference 2012en_US
dc.rightsCreative Commons: Attribution 3.0 Hong Kong License-
dc.subjectChina-
dc.subjectRule of law-
dc.subjectOrientalism-
dc.title'China's Long March Toward Rule of Law' or 'China's Turn Against Law'?en_US
dc.typeConference_Paperen_US
dc.identifier.emailChen, AHY: hrllchy@hkucc.hku.hken_US
dc.identifier.authorityChen, AHY=rp01240en_US
dc.description.naturepostprint-
dc.identifier.hkuros217884en_US
dc.identifier.ssrn2471505-
dc.identifier.hkulrp2014/023-

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