Legal Modernization: Research on Issues in China's Rule of Law Path

Author: Jiang Lishan
Publisher:
Publish Date: 2006-09-01
Features: The path to legal modernization in various countries has two fundamental choices: one is the government-led rule of law approach, and the other is the socially-evolved rule of law approach.
Characteristics of the former: The government (state) is the designer and primary driver of the legal modernization movement.
Characteristics of the latter: Rule of law primarily naturally forms and evolves in "civil society" life, lacking pre-set goals and plans.
Although China in the 20th century experienced local efforts at institutional innovation, it ultimately did not independently become a major driving force in the rule of law process. Why?
Regarding the question of which kind of driving force should be used to advance the rule of law, Chinese legal academia mainly holds three theories:
First, the "government-led rule of law model" advocated by Mr. Jiang Lishan.
Second, the "socially-led rule of law model" advocated by Mr. La Suili.
Third, to avoid overemphasizing the roles of government and society in the first two models, some scholars propose a compromise approach, advocating for the "government-society interactive rule of law model."
— Wang Taixian, Ai Ming, The Concept and Strategy of Rule of Law