Rule Of Law In China Research Articles

Interpreting the Rule of Law in China

Interpreting the Rule of Law in China

WTO and Rule of Law in China: A View Based on Personal Experience

To celebrate the 15th anniversary of China’s WTO accession, this article reveals – through the lens of the author’s experience in government – a continuous thread of the rule of law, from WTO compliance assessments, dispute settlement, and research and education, thereby illustrating the significant impact that the WTO has had on China. To project the future direction and impact, this article concludes by introducing ongoing WTO training in China.

Prospects on the Relationship between Chinese Direct Tax Incentives and Subsidy Rules of the World Trade Organization

After the accession to the World Trade Organization (WTO), China encountered an increasing number of international trade disputes with other Members with respect to Subsidies and Countervailing Measures (SCM). Among all the countervailing investigations towards China, the main complaints were Chinese tax incentives such as specific tax reductions and exemptions, or tax preferences related to export or import. This article introduces the general situation of Chinese direct tax incentives, and their compatibility with subsidy rules in the WTO. Further, it attempts to find out tensions between the Chinese direct tax incentives and the WTO’s subsidy rules, and the main reasons behind the tensions. Consequently, it provides recommendations for China to alleviate the tensions. On the other hand, it offers further prospect for the WTO with respect to its subsidy rules and its role in regulating taxation. This article finds out that there are tensions between the Chinese tax incentives and the WTO’s system. China has a state-oriented attitude towards tax incentives, and there is a lack of internal legal control over the granting of them. Therefore, Chinese tax incentives can easily cause tensions with the WTO’s subsidy rules. Moreover, the tensions can be explained by the differences of the relationship between the government and the market, and the differences on the rule of law in China and the WTO system. Consequently, this article suggests a common platform based on the common objects and purposes of Chinese tax systems and the WTO to alleviate tensions.

China’s Long March towards Rule of Law or China’s Turn against Law?

Legal developments in post-Mao China have been described by Randall Peerenboom as a ‘long march toward rule of law’, but Carl Minzner has suggested that there was a ‘turn against law’ in the first decade of this century. Was there a movement towards the rule of law in China since the era of ‘reform and opening’ began in the late 1970s, and, if so, has this movement continued in the last 15 years? This article begins with some methodological reflections regarding the proper approach to the study and evaluation of legal developments in contemporary China. It then reviews the trajectory of Chinese legal reform in the last 15 years and argues that there has not been a ‘turn against law’. Finally, it explores the possibilities and limits of China’s self-proclaimed project of ‘ruling the country in accordance with law’ and developing a ‘socialist Rule of Law with Chinese characteristics’.

Rule of Law Construction and Assessment at the Local Level

Going beyond the analytical model of the holistic state in rule of law discussion, we can classify the rule of law into national and local levels based on the stages and increments of its execution. The phenomenon of the local rule of law reflects the stages and incremental progress of building a rule of law China. It has a realistic foundation in society and a profound basis in legal theory. Comprehensively advancing the rule of law in China necessitates giving encouragement and support to construction of the rule of law at the local level. The attempts and experiments of local government enable us to explore and innovate the developmental model of the socialist rule of law with Chinese characteristics. The rule of law at the local level is embodied in three dimensions: “text—action—concept.” Assessment mechanisms and indicators for the local construction of the rule of law should also be established in accordance with this framework. The building of the rule of law at the local level should be synchronized with assessment of the rule of law. We need to optimize top-level design, conduct evaluations of local legislation, improve local rule of law work performance assessment and use a rule of law index to assess the local rule of law in an overall manner.

The Role of Consultative Democracy in a Constitutional System and the Rule of Law in China

The rule of law in China should be advanced under a systems framework. The systems framework on which the Chinese rule of law relies is shaped by the socialist democratic system. Socialist consultative democracy, which responds to the core themes of the determinant of socialism, Party leadership, the democratic tradition of New China and native resources for constructing the rule of law, is an important resource for constructing the rule of law in China. In a constitutional system of “ruling Party—political power—the people” that takes the sovereignty of the people as the logic of its starting point, consultative democracy plays the role of functional coupling. Popular sovereignty gains political legitimacy on the basis of multi- party cooperation and political consultation under the leadership of the CPC, thus translating the will of the ruling Party into the will of the state. Consultative democracy constitutes an essential process in national decision-making, affording a basis for the construction of the inherent logical sequence of “ruling Party—Consultative Conference—People’s Congress.” The democratic supervision exercised by the Consultative Conference is an extension of political consultation; from it unfolds the systems framework of the rule of law in China.

Impact of the WTO on China’s Rule of Law in Trade: Twentieth Anniversary of the WTO

The World Trade Organization (WTO) will commemorate its 20th anniversary in 2015. Over the last twenty years, WTO has accepted thirty-four new members ranging from some of world’s largest economies to some of the least developed. Of them, China’s accession has been internationally recognized as one of the most historic events. ‘This is an historic moment for the WTO, for China and for international economic cooperation’, said the WTO’s Director-General, Mike Moore, commenting on the approval of China’s accession on 10 November 2001. China’s membership of the WTO has been a resounding success for both the WTO and China. The WTO has not only made a major contribution to the strength and stability of the global economy by helping to boost trade growth, resolve numerous trade disputes and support developing countries to integrate into the trading system, but also played a pivotal role in strengthening multilateralism, establishing an inclusive world economic order and promoting an open, rules-based and non-discriminatory multilateral trading system. Since admission to the WTO, China not only became the largest trading nation of goods in 2013, but also has set a new blueprint for the rule of law in the world’s second largest economy in 2014. No doubt, the rule of law in trade encouraged by the WTO has promoted and will further push the rule of law in China. The WTO promotes the rule of law in trade in China in at least the following five dimensions: the optimization of China’s trade institutions, the legalization of China’s trading system, the strengthening of China’s trade law enforcement capacity, the promotion of judicial review on China’s trade-related governmental decisions and the perfection of the rule of law in China’s trade.

The Transformation of China: Effects of the Institutional Environment on Business Actions

China has undergone a dramatic economic transformation since the early 1980s, as the centrally planned economy has been changed to a market-based economy through marketization, liberalization and privatization. In order to maintain the economic development, institutional evolution has also become a major focus of the Chinese government in the past twenty years. The institutional transitions in political and regulatory systems, legal frameworks, and market structures are intended to help Chinese firms (especially private firms and entrepreneurial firms) as well as foreign firms to operate in a more supportive institutional environment. This commentary examines two important characteristics of Chinese institutional evolution. First, the rule of law in China remains in an early stage of development with inconsistent enforcement. Second, because of the institutional transition in China, formal institutions including the legal, regulatory and political systems remain weak, and thus informal institutions still play a complementary role in regulating firm behaviors. We explore how the changing institutional environment and its characteristics affect local and foreign firms' behaviors.

China in the WTO Dispute Settlement: A Memoir

From my eighteen years of work at China's Ministry of Commerce, of which over a dozen years on China WTO cases, from the first-ever U.S.-Steel Safeguards to most of the important cases, I try to provide in this article a general understanding in China: WTO dispute settlement system is a peaceful and an effective way to solve trade issues between China and other WTO members, and China is becoming more and more confident in this system as it is experiencing more and more cases. The 'evidence' is found in training courses and seminars on the WTO in the early days, its first 'exciting' case, the first five 'quiet' years, the second five 'noisy' years, and the subsequent 'normal' years. It concludes by introducing the group of people working in this area, pointing out the significance of these cases, i.e., the rule of law in China, and expecting a better future for both China and the WTO with academic research and school teaching.

It's Time for the Rule of Law in China

It's Time for the Rule of Law in China

Does China Need Rule of Law? (Second Draft)

English Abstract: This paper discussed various tests to assess level of rule of law in China. It examine the values of rule of law, investigate if there is a better alternative and foresee the most likely substantive version of rule of law for China. Chinese Abstract: 本文讨论了法治的几个阶段并评价了中国目前的法治状况。之后，本文讨论了法治之于中国的价值，是否有更好的替代。最后，本文预测了未来中国法治的发展。

Comparative Law Scholarship in China in 2013

This report attempts to provide a full picture of the comparative law scholarship in China. The report depicts the general course of the development by examining the noted publications and academic activities conducted throughout 2013. To be specific, the report first addresses issues studied on comparative law by Chinese scholars by examining sample articles. It then presents noted publications and other scholarly activities, including exchanges and legal educations on comparative law. The report concludes that there was much success in the various aspects of comparative law scholarship in China in 2013 with expanded and in-depth studies and frequent co-organized academic activities. Comparative legal studies play a significant role in the legal modernization of China and will contribute to the promotion of the rule of law in China.

Homeowners' activism and the rule of law in urban China

Despite the anticipation that the legal system would be able to offer a civilized and institutionalized means in settling the infringement of homeowners' property and consumer rights, empirical evidence has instead indicated a decline in the employment of litigation in dispute resolution. This paper attempts to examine the complex interaction between the rule of law and homeowner activism in upholding their rights. Information on property related litigation was collected from online court rulings in Shanghai which is supplemented with in-depth interviews with homeowner activists who were involved in litigation. In this paper, the rule of law in China is analysed within a wider socio-political context of neighbourhood governance and the emerging civil society. Despite the inadequacy in the legal system in protecting homeowners' rights, empirical evidence has shown that homeowner activists have explored the legal system, not just as a means of redress but also to employ creatively as part of their action strategy in settling their problems outside the court.

Development and Tax Policy: Case Study of China

This paper examines the role of tax policy in China's economic, social and legal development. With respect to economic development, the author examines the use of tax incentives in attracting foreign direct investment to China and assesses its impact on the development of China's market economy. In terms of social development, the author critically assesses the limited role of taxation in reducing disparities in social income and in promoting social policies. While the relationship between legal development and tax policy may not be as obvious, the author makes the case that tax policy has had a positive impact on the development rule-by-law in China. While China has never experienced a western style rule of law, Chinese tax laws are similar to western tax laws in terms of substantive and procedural rules. The author notes the possibility that a well-developed tax system may be the impetus for the development of rule of law in China.

The Roles of Local Rules of Criminal Procedure in the Process of Rule by Law in China

Although China has a unitary tradition, there exist a large number of local rules in criminal procedure. Based on more than one thousands of copies of local rules of criminal procedure and relevant investigations, the article analysis the important functions of local rules of criminal procedure in the process of rule of law in China. In order to refine laws and regulations and guide pilot reforms, judicial offices draw up local rules of criminal procedure.These local rules also build mechanisms of coordinations between judicial offices and judicial internal offices and government departments,and local rules regulate the administration of justice system of judicial personals and business.In the aspect of protection of rights, local rules of criminal in China succeed in strengthen the rights of defendant and counsel and victim and prisoners.In addition, some controversies against local rules of criminal procedure in China are discussed. Finally,the article offer some suggestions to improve the justify of local rules in criminal procedure in China,such as admitting the power of local judicial offices to make rules and standardizing the procedure of formulating rules,and it’s necessary to set a bottom line and effective relieving courses.

Rule of Law in China: Progress in Paper or in Reality?

Rule of Law in China: Progress in Paper or in Reality?

Rule of Law in China: Progress in Paper or in Reality?

Since 1991, China has officially published 61 white papers on human rights situation to express its achieved progress and potential commitment to Chinese society and the international community. Either on general undertakings or particular issues of human rights, such papers aim to defend its persistent policy and position against externals bodies’ criticisms on its human rights observance. This article will examine the possible distinct between China’s human rights promise in paper and its relevant situation in reality, mainly based on the rule-of-law sample of February 2008. It will be suggested that even if China has fully implemented its human rights obligations, the limited understanding of them as showed in the white papers may largely hinder its human rights progress at a substantive level. The sharp contrast between China’s promise and practice still exist as usual on its long march towards the rule of law.

Environmental Reviews and Case Studies: Green Revolutions: A Political Economy Analysis of the Environmental Movement's Impact on a Working Rule of Law in China

China has consistently striven toward economic growth at the expense of civil and political rights; however, China faces an impasse as its severe restrictions on civil and political rights threaten to damage its economic growth, a tension that is best illustrated by the environmental movement. With the advent of new technologies, the lack of transparency and public awareness that has allowed corruption to thrive is decreasing. As a result, China is beginning to accept that economic rights may be inextricably linked to environmental rights, and that it must sometimes yield to the latter in order to preserve the former. Specialized environmental courts, created by local courts to manage environmental unrest, are the perfect target for concrete reforms that, if successful, would improve the rule of law in China. Moreover, the centralization of local environmental courts may create the backdoor opportunity that the Central Communist Party needs to pierce local protectionism and advance its sincere interests in both protecting the environment and quelling visible unrest.Environmental Practice 15:427–440 (2013)

Assessors or Popular Jury? Variations around Citizen Participation in the Chinese Justice System

AbstractCitizen participation in Chinese justice may take the shape of assessors sitting alongside professional judges, or, as it is sometimes the case on an experimental basis, of the introduction of a people's jury in local courts. Yet, these forms of participation do not alter the fundamental features of Chinese governance: the lack of legal autonomy of law, and the lack of independence of judges with respect to the political authority. These remain the main obstacles to the extablishment of the rule of law in China. In fact, the changes in the system of assessors and jurors have failed to legitimate the judicial power through participation and transparency. Experience has shown, on the contrary, that assessors and jurors remain fully subordinate to professional judges, who continue to have the controlling hand over the justice system. Nevertheless Chinese citizens, along with the parties involved in trials, are not duped by such arrangements. Once the limits of the practical utility of assessors and jurors becomes apparent, the question of the relationship between the people and judicial authority will inevitably be posed anew. The reply to the question will be even more pressing, since it will no longer be possible to use the same subterfuge. That is why citizen participation in justice is so crucial in a China in search of democracy.

Roadmap for the Construction of an Ecological Rule of Law in China

The Report of the 18th CPC National Congress in 2012 emphasizes building a socialist country based on the rule of law as China’s overall governance strategy. At the same time, it has expanded the “four in one” to “five in one”; i.e. the construction of an ecological civilization has been added to the other major tasks in socialist construction with Chinese characteristics—economic construction, political construction, cultural construction, and social construction, thus setting out the roadmap for China’s construction of an environmental system based on the rule of law. The aim of this construction is to establish an environmental legal system that corresponds to China’s ecological civilization, and its main task is to integrate environmental rationality into the operation of the rule of law by improving environmental legal mechanisms and institutions.