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Why China Chose the Rule of Law

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Author: Gan Cangchun; Ying Wenfanzu; ;
Language: English
Page: 329
Publication Date: 08/2020
ISBN: 9787119118154
Publisher: Foreign Languages Press
Details
This project is not only an essential interpretation of the spirit of the Fourth Plenary Session of the 18th CPC Central Committee,but also a profound interpretation of the theme of "rule of law".This book attempts to answer the concerns of the former society and domestic readers. On the basis of investigation and research,the book systematically introduces the tradition,concept,mode and construction of the rule of law in China with a large number of cases,detailed data and lively language. This book consists of 14 chapters in the above and the next two chapters. It discusses and explains in detail more than a dozen key issues such as "the Communist Party of China's view of the rule of law","China's right restraint mechanism","rule of law and ruling by law","rule of law and judicial reform","rule of law and society under the rule of law","China's concept and practice of human rights".This is not only a detailed description of the road map of China's future construction of a country ruled by law,but also propaganda and interpretation of the new central leadership's ruling concept and governing strategy. At the same time,it will fill in the gap of external publicity of China's rule of law construction and promote the construction of China's political discourse system.
Table of Contents
Introduction The Three Basic Ways of State Governance
Chapter Ⅰ Why Did Modern Rule of Law Not Emerge in China First?
Section Ⅰ China Already Had the Social Gene for Modern Rule of Law in the Late Ming and Early Qing Period
Section Ⅱ The Powerful Feudal Autocracy and the Perfected
Governance System Killed Modern Rule of Law at Birth
Section Ⅲ Natural. Economy and the Policy of "Emphasizing Agriculture,
Restraining Commerce" Suppressed the Growth of Capitalism

Chapter Ⅱ How Did Rule of Law Begin in China?
Section ⅠThe Historic Context of Western Legal Culture's Introduction to China
Section Ⅱ Different Traditions of Legal Culture in China and the West
Section Ⅲ Rule of Law Embraced Socialism in China

Chapter Ⅲ Why Did China Choose Rule of Law?
Section Ⅰ Debate over Rule of Law and Rule of Man After 1949
Section Ⅱ Basic Motivations Behind the Party's Choice of Rule of Law
Section Ⅲ Major Arrangements for the Path to Socialist
Rule of Law with Chinese Characteristics
Section Ⅳ Key Factors Determining Success or Failure of Rule of Law in China
Section Ⅴ Criteria for Measuring the Success of Building Rule of Law

Chapter Ⅳ How Does China's Path to Rule of Law Differ from the West's?
Section Ⅰ What Is the Relationship Between Leadership by the Party and Rule of Law?
Section Ⅱ The CPC's View on Fairness and Justice
Section Ⅲ The CPC's View on Power
Section Ⅳ How Concepts of Human Rights Differ Between China and the West
Afterword China's Path of Rule of Law in the Period of Social Transformation
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Preface
  Ever since the emergence of states in human society,debate has raged on the ways of state governance,and the focus of that debate has been what we should take as the ideal way to govern a state.
  In the discussion of state governance,the majority of Chinese scholars have defined 'rule of man' and 'rule of law' as the two fundamental ways. The first thinker in Chinese history to come up with the concept of 'rule of man,' was Guan Zhong,who lived in the Spring and Autumn Period (770-476 B.C.) and the Warring States Period (475-221 B.C.).He proposed 'rule of law means people are ruled by law,and rule of man means men are ruled by men.'Liang Qichao (1873-1929) reinterpreted the concept in the days when he was fighting against the feudal autocracy,saying,'For an autarchy,order may come with a wise governor whereas disorder is inevitable if the governor is daft,while for a constitutional state,things will be the same whether the governor is wise or not.'2, In other words, for a state under rule by man,order will be accomplished by a wise monarch and disorder by an unwise one,whereas for a constitutional state,order or disorder has nothing to do with whether the monarch is wise or unwise.Therefore,he proclaimed, In the discussion,it is easy for people to conflate the way of state governance and the form of government as the same concept. Certainly,the form of government has much do with the way of state governance,but there are differences between them. The form of government is the basic organizational form of state political power,which can be basically divided into two categories - monarchy and republic. The monarchic system can be further divided into absolute monarchy,dual monarchy,and constitutional monarchy; the republic system is generally implemented in the forms of presidential system,semi-presidential system,parliamentary system,and cabinet system. The way of state governance is defined as a state's goal to pursue,the values to protect,the direction to move forward,and the means to take while conducting state governance,irrespective of which form of government it adopts. In fact,the same way of governance can be applied to states with different forms of government,and similarly, ,states with the same form of government can use different ways of state governance.
Why China Chose the Rule of Law
$19.75