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Article: Is Socialist Law Really Dead?

TitleIs Socialist Law Really Dead?
Authors
Issue Date2016
PublisherNew York University School of Law. The Journal's web site is located at http://www.law.nyu.edu/journals/jilp/index.htm
Citation
New York University Journal of International Law and Politics, 2016, v. 48, p. 463-511 How to Cite?
AbstractThis Article argues that the socialist legal system did not die in the late 1980s. Instead, the statist parts of the socialist legal system - drawn from Leninist ideology and the Russian legal tradition - have strongly influenced the law in the People’s Republic of China since the early 1980s. In fact, these Russo-Leninist transplants from the socialist legal system remain resilient in contemporary China. This Article will demonstrate how these Russo-Leninist transplants help create distinctive public law institutions and approaches in China that have been ignored by many scholars. By understanding these particular institutions and approaches, this Article will seek to better understand the possibilities of reforming China's distinctive formal legal institutions as well as its public law system.
Persistent Identifierhttp://hdl.handle.net/10722/233895
ISSN
SSRN

 

DC FieldValueLanguage
dc.contributor.authorPartlett, William E-
dc.contributor.authorIp, Eric C.-
dc.date.accessioned2016-09-29T03:15:46Z-
dc.date.available2016-09-29T03:15:46Z-
dc.date.issued2016-
dc.identifier.citationNew York University Journal of International Law and Politics, 2016, v. 48, p. 463-511-
dc.identifier.issn0028-7873-
dc.identifier.urihttp://hdl.handle.net/10722/233895-
dc.description.abstractThis Article argues that the socialist legal system did not die in the late 1980s. Instead, the statist parts of the socialist legal system - drawn from Leninist ideology and the Russian legal tradition - have strongly influenced the law in the People’s Republic of China since the early 1980s. In fact, these Russo-Leninist transplants from the socialist legal system remain resilient in contemporary China. This Article will demonstrate how these Russo-Leninist transplants help create distinctive public law institutions and approaches in China that have been ignored by many scholars. By understanding these particular institutions and approaches, this Article will seek to better understand the possibilities of reforming China's distinctive formal legal institutions as well as its public law system.-
dc.languageeng-
dc.publisherNew York University School of Law. The Journal's web site is located at http://www.law.nyu.edu/journals/jilp/index.htm-
dc.relation.ispartofNew York University Journal of International Law and Politics-
dc.titleIs Socialist Law Really Dead?-
dc.typeArticle-
dc.identifier.emailIp, Eric C.: ericcip@hku.hk-
dc.identifier.authorityIp, Eric C.=rp02161-
dc.identifier.volume48-
dc.identifier.spage463-
dc.identifier.epage511-
dc.identifier.ssrn2660098-

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