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Building the Rule of Law in China - Procedure, Discourse and Hermeneutic Community (Paperback)
Loot Price: R1,244
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Building the Rule of Law in China - Procedure, Discourse and Hermeneutic Community (Paperback)
Series: China Perspectives
Expected to ship within 12 - 17 working days
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After thirty years of Mao era (1949-1979) which was struggle-based,
the Communist Party of China has begun to change its position as a
pioneering revolutionary party, evolving into a universal ruling
party that transcends class interests. Meanwhile, administrative
and judicial reforms oriented toward a more efficient, serving
government and the rule of law have been actively carried out. As
the earliest work on constructive jurisprudence of new
proceduralism in China, this book elucidates some of the most
critical problems in the process of constructing a legal order and
realizing institutional innovation in China: democracy, fair and
reasonable procedure, interpretation techniques, cognitive ability
of legislation, position and function of the jurist group, and
professional ethics, etc. Besides, it expounds five pairs of
contradictions in the modernization process of Chinese legal
system, namely, substantial and procedural justice, moral and legal
debates, formal and reflective rationality, the major
responsibility on bureaucrats and lawyers, and the motivation of
public welfare and profit, and explores appropriate approaches to
combine the different factors. Scholars and students in Chinese
legal and social transformation studies will be attracted by this
book. Furthermore, it will help different civilizations conduct
rational dialogues on justice and order.
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