Week 7-2 Legal System (1)

Week 7-2 Legal System (1) - rights and those of their...

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POLC 3020: Week 7 (2) Legal System in China Oct. 6, 2010
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How has the legal system of the PRC evolved since the late 1970s? What are the basic principles that accelerate the legal reform in China? What problems remain to be addressed regarding China’s legal reform? Question Circuit Court
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The Legal System and the Reform A. Societal Model vs. Jural Model a. The Pre-reform Era Mao Zedong believed that progress toward communism could be achieved only by continuous disruption of settled routines (permanent revolution). This attitude impeded the development of a formal legal system. b. The Post-reform Era Since the late 1970s, China has made efforts to establish the jural model, stressing rule by law rather than the rule of the party line or of particular personalities, and to construct a more predictable legal system.
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The Legal System and the Reform B. Two Reasons of the Legal Reform a. Economic Reason Chinese entrepreneurs needed protection for both their individual
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Unformatted text preview: rights and those of their businesses. Foreign companies required codes and other guarantees before they would feel comfortable investing in the PRC or trading with it. b. Political Reason The CCP needed to normalize the party system and the government by codifying a number of laws, restructuring the judicial system, reinstituting the legal profession, and reviving legal research and legal education in order to regain peoples political trust. The Legal System and the Reform C. Instrumentality of the Legal Reform The central leadership continued its commitment to the institutionalization of a formal system of justice. But, the major goal of the institutionalization is economic development and the creation of national prosperity. The concept of human rights that is assumed to disrupt social stability is not regarded as part of the reform. The general public in China appears to accept the view that the value of human right lies in their instrumentality....
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This note was uploaded on 03/10/2011 for the course POLC 3020 taught by Professor Kim during the Fall '10 term at Tulane.

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Week 7-2 Legal System (1) - rights and those of their...

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