The Rule of Law in China: A System Under Scrutiny
The article explores the challenges of implementing the rule of law in China through various historical and contemporary perspectives. It delves into the complexities of legal reform in modern China, the role of past practices in shaping current legal systems, and the influence of foreign legal regimes since 1978. The researchers analyze the concepts of legality, collective responsibility in criminal law, confessions, discretion in courts, civil obligations, federalism, and the resistance to law codes in China. Key findings include the struggle between the rule of man and the rule of law, the impact of systemic vagueness in statutory language, and the deep-rooted resistance to legal frameworks in Chinese society.