Shifting meanings of "fazhi" and China’s journey toward socialist rule of law
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Ye, Ruiping [1]
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[1] Victoria University of Wellington
Victoria University of Wellington
Nueva Zelanda
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- Localización: International journal of constitutional law, ISSN 1474-2640, Vol. 19, Nº. 5, 2021, págs. 1859-1881
- Idioma: inglés
- Texto completo no disponible (Saber más ...)
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Resumen
Scholars disagree over the nature, extent, and direction of the rule of law in China. Unlike researchers who see China’s rule of law situation as either static or steadily improving, this article traces the use, meaning, and implementation of fazhi (法治, literally “law governs,” usually translated as “rule of law”) at different stages in China since 1978. It argues that the real meaning of fazhi has changed over the past forty years. Correspondingly, China’s journey towards the socialist rule of law experienced some turns. China went from laying down a foundation for the rule of law in the late 1970s and 1980s, to turning to rule by law in the 1990s and 2000s, and then to using law to legitimize the rule of the Communist Party in the 2010s as the legal system became more mature and more sophisticated. This article further argues that, despite significant improvements in the legal system, socialist rule of law turns out to be the rule of man, with tightened legal institutions and sharpened legal tools, although it is also hoped that the key principles laid down in the 1980s and increased awareness of rights may bring about transformation in the future.
