Value Reconstruction and Normative Choice: Reflections on the Modernization of Chinese Legal System

Author: Xie Hui
Publisher:
Publish Date: 1998-03-01
Features: This book is one of the Legal Theory Series edited by Xie Hui, Xu Xianming, and Wang Renbo. Since the founding of New China, the greatest contribution of the legal community to the construction of national legal systems has been the establishment of the goal and value of a "rule of law state." The essential issue of a rule of law state is the relationship between citizens' rights and state power. The formal issue of a rule of law state is whether power takes precedence over law or law takes precedence over power. The technical issue of building a socialist rule of law state is resolving the problem of the executive branch being superior to the legislative and judicial powers, and the judicial and legislative branches being administrativeized. The key issue of building a socialist rule of law state is the ruling party governing according to the law.