Rule Of Law In China Research Articles

The Changes of the Basic Rights in the Current Constitution of China

The current Constitution of the People’s Republic of China is the 1982 Constitution, which is the fourth constitution after the founding of the People’s Republic of China. The provisions of the current Constitution on the fundamental rights of citizens are generally similar to those of the first Constitution of 1954, but are more specific, while the freedom of movement provided for in the 1954 Constitution is deleted. The 1975 Constitution and the 1978 Constitution are the second and third Constitutions, respectively. Because of their special historical period, the provisions on fundamental rights in these two constitutions are retrogressive and failing. The historical background of the revision of the Constitution, the possibility of realizing rights and the level of social development are the main reasons for determining the provisions of the basic rights of citizens in the 1982 Constitution. In 2004, the current Constitution was amended to include “the State respects and protects human rights,” which establishes the constitutional obligation of the State to guarantee human rights. In practice, there is still ongoing debate over how the State’s guarantee obligations are implemented and whether citizens can file lawsuits if they believe that their fundamental rights have been violated. In recent years, the recordation review has partially realized the supervision of legislation that may infringe on citizens’ basic rights by reviewing the constitutionality and legality of laws and regulations, but citizens have not been able to directly protect their rights through litigation. The changes in the basic rights of citizens in terms of constitutional provisions and legal guarantees over the past 40 years are the result of the development of the rule of law in China. In order to more effectively solve the problem of constitutional rights from text to reality, it is also necessary to further develop the constitutional review system.

Questions and Responses to the Legitimacy of Criminal Reconciliation: The Approach is Based on the Valueless Behavior

The process of promoting the construction of the rule of law in China, there have been emerging legislation, there are also behind the abolition of legislation, criminal reconciliation system through legislation also formally entered the investigation stage in China. But at the same time, the controversy about this system has never stopped, and the important status of money, a sensitive thing in criminal reconciliation, makes the public full of doubts and incomprehensibilities about this system. From loss reduced the things appear in the beginning, some scholars begin to looking for reliable for its legitimacy basis to prove the existence of this system is reasonable, until the system has the breakthrough on the legislation, but not for the public's confusion a systemic response and cracking. valueless behavior theory in considering the twin issues of legal interest undermines the effectiveness of criminal punishment as a deterrent, rendering it less impactful compared to alternative approaches. Consequently, within the framework of such punitive measures, accommodating a criminal reconciliation system becomes challenging.

Study on the Identity of Rule of Law China and Party Leadership

Party leadership is an essential feature of the socialist rule of law with Chinese characteristics, and the study of the homogeneity between the rule of law in China and Party leadership is of profound significance to the understanding of the socialist rule of law with Chinese characteristics. This paper stands in the field of Marxist scientific methodology, firstly, through the method of social cognition and evaluation, we answer the question of what the rule of law in China and the Party leadership are, and then, through the method of four Marxist social sciences, we argue why the two have the same nature. Then, through four Marxist social science methods, the paper argues "why the two have the same nature", namely: building a rule of law China and adhering to the Party's leadership are both based on the people's nature as a solid cornerstone; both have a strong socialist color with Chinese characteristics; in which building a rule of law China is an important content of the practice of adhering to the Party's leadership and the way to realize it; and adhering to the Party's leadership is a necessary principle of building a rule of law China and a strong guarantee. Finally, this paper also answers the question of "how to recognize and ensure the homogeneity of the two" from a practical point of view, i.e., to promote scientific legislation, strict law enforcement, fair justice and law-abiding by all people under the leadership of the Party.

The Dimensions of Morality of Modern Rule of Law

The rule of law is a civilized order, and the concept of the rule of law has been widely accepted by people. The relationship between the rule of law and morality has always been a difficult issue in the theory of rule of law. This article combs the historical origins of modern rule of law, summarizes the main contents of modern rule of law, and analyzes the moral dimension of modern rule of law. In the construction of the rule of law in China, we should be particularly vigilant about the risks of the separation of the rule of law from morality.

Research on the Structural Motivation, Influencing Factors and Innovation Path of "One Belt, One Road" High-quality Postgraduates' Training of Rule of Law Talents

Research on the Structural Motivation, Influencing Factors and Innovation Path of "One Belt, One Road" High-quality Postgraduates' Training of Rule of Law Talents

Navigating Global Economic Dynamics: Institutional Innovation and Rule of Law in China’s Pilot Free Trade Zones

Navigating Global Economic Dynamics: Institutional Innovation and Rule of Law in China’s Pilot Free Trade Zones

Study on the Improvement of the Rule of Law in China’s Carbon Emission Trading from the Perspective of the Holistic System

Study on the Improvement of the Rule of Law in China’s Carbon Emission Trading from the Perspective of the Holistic System

Historical Review of the Establishment of the Rule of Law in China and Lessons Learned

After the restoration of the rule of law at the Third Plenary Session of the Eleventh Central Committee of the Communist Party of China (CPC), there was a great deal of disagreement about what the rule of law was and whether or not it should be applied, which was hotly debated in China's legal academia. The fifteenth congress of the Communist Party of China put forward the "rule of law, building a socialist country under the rule of law", marking the formal establishment of the rule of law in China. Looking back at the historical process of the establishment of the rule of law in China, we have four insights: the rule of law in China is in line with the realities of China's social development; it is an important guarantee of the country's long-term peace and stability; it is in line with the objective laws of the historical development of mankind and the historical laws of the Communist Party's rule; and it is in line with the people's aspirations for, and quest for, a good legal system.

Rule of Law History and Development in China: in Comparison of Australia

The article discusses the rule of law development and application in China compared with Australia. In August 2021, the Chinese Central Government issued the Implementation Outline for the Construction of a Government Under the Rule of Law (2021-2025), which indicated the general plan to improve rule of law for the next five years. In the past few years, the Chinese government has made great efforts to promote the rule of law theory. China enforced judicial reform, which improves the judicial independence and professional ability of legal practitioners. Chinese rule of law formation has been influenced by western countries due to previous foreign legal aid and Australian judicial practice has also been influenced by Chinese theory. In Australia, people are encouraged to solve civil disputes via mediation and other alternative dispute resolution (ADR) methods, which may be influenced by Chinese theory of “Fengqiao Experience”. It is important to continue increasing rule of law in China, but it is improper to transplant the Australian theory to China directly due to the different legal culture and history between two countries. Generally, more efforts need to be made for strengthening rule of law in China.

Anti-Corruption in a Party-State: Constitutional Implications of China's Supervisory Reform

AbstractThe 2018 amendments to the People's Republic of China (PRC) Constitution saw the establishment of a system of supervisory commissions, which is a landmark development not only for anti-corruption, but also constitutional law in China. After providing an overview of the background and legal framework of the reform, this article discusses its constitutional implications from three perspectives. First, the reform alters the long-established state structure and creates interesting dynamics of institutional interactions among various branches of state structure. Second, it marks a reversal from the principle of ‘party-state separation’ and raises difficult issues of interface and transition between the party disciplinary system and the formal legal system. Finally, it legalises the previously extralegal practice of shuanggui (‘double specifications’) and affects the individual rights of those subject to investigation. The article concludes with some brief reflections on what this development indicates for the future of the rule of law in China, and highlights the potential for further research.

The Practice of Rule of Law in China’s Systematic Reform

After more than 40 years of reform and opening up, China has always insisted on promoting reform on the track of rule of law, following the path of socialist rule of law with Chinese characteristics and realizing the modernization of state governance. The experience of China’s systematic reform in building the rule of law is mainly reflected in three “combinations”: first, it insists on combining external “people’s supervision” and internal “self-reform”; second, it insists on combining rule by law and running the Party with regulations; third, it insists on combining top-level system design and “crossing the river by feeling the stones”.

Dilemma and Breakthrough: Innovation on Models of Public Legal Education in China Based on Knowledge Graph

In over 30 years, the forms of public legal education activities have become increasingly rich. However, with the technology refresh, the traditional public legal education model characterized by one-way communication has gradually become out of touch, which can not adapt to the return of the people’s subjectivity and meet the personalized needs of different groups of people. As an important part of advancing the Rule of Law in China, public legal education should be timely innovated with the help of new technology. By combining the knowledge graph technology in the era of artificial intelligence with the work of public legal education, this paper studies how to use the knowledge graph technology to build public legal education network platform, introduce customized legal education content, and establish a sound mechanism for intelligent public legal education work, so that users can complete the important transformation from the object of legal education to the subject of law learning. This will enrich the theoretical research results of public legal education.

Understanding the Interaction between Local Government Guidance Funds and the Local Rule of Law in China’s Central–Local Relation Paradigm

The central–local structure is a unique perspective for both China’s constitutional law and party-state structure. However, the conventional approach to this issue pays great attention to its structural framework. This paper takes a unique approach to the functionality of local government guidance funds, an increasingly frequently used method for local governments to implement national projects like Made in China 2025. The project has been one of the several controversies between the United States and China in their ongoing trade confrontation. Built upon an analysis of paradigms in central–local relations, this paper further investigates the rule of law movement at the level of local government, an often ignored and under-discussed aspect of China’s central–local structure. The tentative conclusion is that the use of local government guidance funds facilitates local competition and promotes the rule of law.

The Application of Law as a Key to Understanding Judicial Independence

Judges across China recently declined to apply a law that the National People’s Congress had newly brought into effect. In this article, I describe this startling finding and explore the significance of it. I conclude that it represents an exercise of judicial independence. Using a thickly descriptive approach that focuses on textual analysis and institutional context, I demonstrate that judges in China have no legal duty to apply law and that it is professionally risky for them to apply law; that judges there operate within a professional culture that encourages restraint; and that the court system has developed a strong set of internal rules that encourage reference to judge-made rules rather than to external rules such as those enacted by legislative or executive bodies. I further argue that the topic of judicial independence is important not just for countries outside the United States, but for the United States as well, and that a framework developed from a broadly comparative perspective is the best approach for understanding judicial independence in China, and, likewise, in the United States. Understanding judicial independence in China is important for myriad reasons. It is a gauge of the robustness of the rule of law in China. It is an important proving-ground for judicial independence as a universal phenomenon. It adds perspectives from China to the comparative law literature on judges. It is a bell-weather of the kind of decentralization of authority that famously marks China’s post-Mao government. There is no question that the courts of China were enlisted to play a role in the larger governmental initiatives of the past century. Its courts garnered respect for the People’s Republic of China’s legal system, which in turn helped China participate as an equal in the international legal order, as well as the international economic system. With judicial independence, there is no escaping the fact that to understand it is to measure it. This is because it would be false and misleading to believe that either you have it or you don’t. Each country’s, each county’s, each judge’s independence is affected by a complex of circumstances around it that vary over time. Some of these circumstances are institutional, some are cultural, and some are the products of chance and human agency. Care is needed when framing the measuring project. If we choose to view the degree of judicial independence as arraying itself along a spectrum, then we need

Research on Xi Jinping Thought on the Rule of Law on the Coordinated Promotion of Domestic and Foreign-Related Rule of Law

Xi Jinping Thought on the Rule of Law is the fundamental rules and guideline for law-based governance, among which the coordinated promotion of domestic and foreign rule of law, as one of the contents of Xi Jinping Thought on the Rule of Law, is a strategic judgment based on internal and international imperatives, rooted in China’s rule of law practice and coped with the international situation. To comprehensively understand and implement the vision of coordinating domestic rule of law and foreign-related rule of law, we need to grasp it from three aspects, including internal relationship, practical relevance, implementation path and basic value. Building the rule of law in China, dealing with economic and trade disputes, and building a community with a shared future for mankind all require the coordinated promotion of both. In the process of promoting domestic rule of law and foreign-related rule of law in a coordinated manner, efforts can be made in three aspects: legislation, personnel training and legal services in foreign-related fields.

The Status Quo, Existing Problems and Model Innovation of Training High-quality Legal Talents in the Belt and Road Initiative in the Era of Artificial Education

The arrival of the era of artificial intelligence education provides a new platform for the development of higher education. The application of artificial intelligence education means enriches and expands the traditional education mode and connotation, and plays an active role in the supply of learning resources and the innovation of teaching mode. In the process of cultivating talents under the rule of law, artificial intelligence and information resources have given new vitality to traditional legal education. The integration of artificial intelligence in law case teaching and thematic discussion makes boring cases more vivid and vivid, enhances students' perceptual knowledge and practical consciousness, enhances the attractiveness of law class and promotes the teaching effect of law courses. High-quality talents under the rule of law are an important part of our country's higher education talent training objectives, an important guarantee of human resources under the rule of law to promote the overall strategy of ruling the country according to law, and an important driving factor for the smooth practice of the Belt and Road Initiative construction. Based on the background of the development of artificial intelligence technology, it is of great theoretical value and practical significance to explore the present situation of cultivating talents under the rule of law in China, analyze the existing problems, and seek the mode innovation of cultivating high-quality talents under the rule of law in the Belt and Road Initiative.

Assessing the impact of governance and health expenditures on carbon emissions in China: Role of environmental regulation.

The current study tries to summarize the leading factors and their behavior toward the environmental quality. Therefore, this study investigates the environment-development linkage in China's economy covering the period of 1984–2018. In order to investigate the proposed objectives, the current study uses the dynamic ordinary least square, fully modified ordinary least square and canonical co-integration regression with granger causality test. The results reveal that there exists an inverted U-shaped relationship in China's economy. Likewise, urbanization positively contributes to environmental deterioration. Furthermore, the health expenditures also cause to deteriorate the environmental quality. In contrast, there exists the negative association between good governance and carbon emissions, while the rule of law in China's economy does not secure the environmental quality. Therefore, environmental regulation policies need to be revised in order to achieve a sustainable environment. As a result, we recommend that China continue to expand its economy and invest in health care and environmental initiatives.

Reformy polityczne i budowa praworządności w dobie informatyzacji

Political reforms and building the rule of law in the era of computerisation The Internet, as a basic component of the computerisation process, facilitates the implementation of the political reforms of the Chinese government and the creation of the rule of law as part of this process. Information technologies related to the above-mentioned reforms are characterised by separate elements and technical features. With regard to building the rule of law, it should be analysed from a material and formal point of view. As a tool for creating a system of the rule of law, it can be seen from three perspectives: as a tool for carrying out tasks, a means of supervision and a driving force. When understood as content, they provide information services in the process of building a system of the rule of law, in other words – they provide information to the system, moreover, they ensure the security of information contained therein and the protection of this data. Currently, information technologies, both in formal and material terms, are a huge challenge for the construction of the rule of law in China and, in the future, they should be used in both aspects at the same time.

Multi-dimensional interpretation of the connotation of ecological rule of law

With the continuous Sinicization of Marxist ecological rule of law thought, the idea of ecological rule of law in the new era has emerged, which is full and contains multi-level content. This paper interprets the ecological rule of law in the new era from four dimensions: ecological holism, ecological capital, ecological equity and ecological rule of law. It not only analyzes the concept of ecological rule of law in the new era from the content level, but also thinks about the development path of ecological rule of law in China.

Research on the Current Situation and Optimization Strategies of Youth Volunteers Engaging in Law-Popularization Activities under the Construction of the Rule of Law in China

Under the guidance of Xi Jinping's thought on the rule of law, this paper takes the "Youth Law Popularization Volunteers' Grassroots Tour of Rule of Law Culture" as a carrier to promote Xi Jinping's thought on the rule of law in youth volunteer law popularization activities. Thus, the theory and practice of socialist rule of law with Chinese characteristics has gained much popularity among Chinese residents, as seen in the improvement of the authority of the Constitution and law, more people respecting, learning, observing, and using the law in social governance. All of these play an important role in comprehensively promoting the rule of law in China and building a law-based China.