Human Rights Studies (Volume 2)

Author: Xu Xianming
Publisher:
Publish Date: 2002-11-01
Features: The book discusses the connotations of legal system and rule of law, promotes the flourishing of legal studies, advances the rule of law, the relationship between legal system and democracy, as well as the reform of Chinese law after joining the WTO, the legal safeguards for the Western Development Strategy, and other related content. In contemporary China, "rule of law" is a political concept with a special context, just as "rule by law" was discussed by Guan Zhong in ancient times, and it is also a governance strategy with guiding significance for social and political life. From the perspective of the state and society, correctly understanding the origin, connotation, process, and effects of the rule of law is indispensable for researching and advancing the rule of law. The nine chapters of this book are all centered around the theoretical and practical issues of the ruling party's approach to the rule of law.
Chapter 1 "Legal System and Rule of Law" and Chapter 3 "Market Economy and Democracy, Legal System" were written between 1992 and 1993 and can be considered early texts that made a significant distinction between "legal system" and "rule of law," as well as provided positive interpretations of the principles of the rule of law, the relationship between market economy and democracy and the legal system. Chapter 2 "Flourishing Legal Studies and Advancing the Rule of Law" is newly written and primarily outlines some theoretical and practical issues faced in continuing to advance the rule of law from an academic research perspective after the 16th National Congress of the Communist Party of China. Chapters 4, 5, 6, and 7 study China's legal reforms after joining the WTO, the legal safeguards for the Western Development Strategy, the rule of law in grassroots areas of Tibet and folk law, as well as the legal issues related to combating SARS, from the perspective of the rule of law. Chapter 8, through reviewing works by journalists, focuses on discussing the relationship between the public and the rule of law, as well as the relationship between the media and the judiciary. Among these, Chapters 2, 4, 6, 7, and 8 have not been published yet. The three chapters that have been published have undergone minor adjustments during the editing process.