This book is a grand review of the centurial development of rule of law in China. It covers the most important issues in this area and presents political constitution, a new interpretative framework that allows the Chinese experience of rule of law to be more fully and correctly expressed. It is especially useful to scholars involved in the study of modern China. The main chapters of this book include: The Constituent Movement in the Late Qing Dynasty; The Xinhai (1911) Revolution; Constitution-making at the Beginning of the Republic of China; The Great Revolution in the 1920s; The Rise of the Party State and its Transition; The Founding of 1949 New China and its Early Constitutional Development; and The Dualist System of Rule of Law in the Reforming Times.
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1 Inception: From Hundred Days Reform to Xinhai Revolution |
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1 | (18) |
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1.1 Historical Background of the Encounter of the East and the West |
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1 | (3) |
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4 | (4) |
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1.3 Late Qing Constitution Movement |
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8 | (6) |
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14 | (5) |
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2 Failed Legacy: The Early Days of the New Republic |
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19 | (26) |
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2.1 Provisional Constitution and Its Limitations |
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20 | (10) |
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2.2 Yuan Shikai's Seizure of the Throne |
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30 | (7) |
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2.3 Warlord Politics, May 4 Movement and Civil Revolution |
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37 | (8) |
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3 Rule by the Party: Party Rule, Tutelage and Transformation Towards Constitutionalism |
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45 | (16) |
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3.1 The Origin of Party Rule |
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46 | (5) |
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3.2 Degeneration of Tutelage and Setbacks of Constitutionalism Cause |
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51 | (5) |
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3.3 Transformation of the Authoritarian Politics |
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56 | (5) |
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4 Revolutionary Legal System: From Common Program to 1975 Constitution |
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61 | (38) |
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4.1 "Abolish Old Codes" Movement and Onset of New China |
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62 | (15) |
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4.1.1 Two Addresses in 1949: Extend the Legal Coherence and "Carry the Revolution Through to the End" |
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62 | (1) |
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4.1.2 The Essential Logic of Revolution: Innovation and Breakaway |
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63 | (1) |
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4.1.3 Revolution's Breakaway Logic Applied in Legal System: Abolishment of the Six Codes |
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64 | (1) |
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4.1.4 Mao Zedong's Three Theories on Democracy Constitution: New Democracy, New Democracy Constitutionalism and Coalition Government |
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65 | (10) |
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4.1.5 Common Program: The Onset of Revolutionary Legal System Reform |
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75 | (2) |
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4.2 Debate Over Formalism of the Revolutionary Legal System |
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77 | (13) |
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4.2.1 Law Class-Based Characteristics Argument: Criticism and Judgment |
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78 | (3) |
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4.2.2 Legal Inheritability: Formal Exposition |
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81 | (9) |
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4.3 75 Constitution -- The "Continued Revolution" Mania |
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90 | (9) |
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5 Transformation to Daily Routine: Reform and Governance |
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99 | (36) |
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5.1 Constitution and Mechanism of the Transitional Rule of Law |
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103 | (1) |
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5.2 Rule of Fundamental Law: From Judicial Independence to Constitutional Judicialization |
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104 | (16) |
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5.2.1 Constitution Revision: Evolution of Reform Era Constitution |
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107 | (4) |
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5.2.2 Judicial Constitutionalism: Idealist Pursuit and Institutional Challenge |
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111 | (5) |
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5.2.3 The Rise of Political Constitutionalism: Rationalization of Transitional Rule of Law |
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116 | (4) |
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5.3 Rule of Specific Law: From Private Law Taking Precedence to Rise of the Public Law |
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120 | (15) |
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5.3.1 Criminal Law: From "Procedural Self-Governance" to Public Opinion's Involvement |
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121 | (3) |
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5.3.2 Civil Law and Private Rights: The Foundation of Civil Society |
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124 | (4) |
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5.3.3 Administrative Law and Implementation: Administration First or Procedure First |
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128 | (7) |
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135 | (10) |
| References |
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145 | |
Quanxi Gao, Professor of Law; Dean, the Institute for Advanced Studies in Humanities and Social Sciences, BeiHang University. B.A., Nanjing Normal University, 1983; Master of Philosophy, Jilin University,1985; Ph.D., Chinese Academy of Social Sciences, 1988. From Lecturer, Associate Professor to Professor of Law, Chinese Academy of Social Sciences, 1989-2007. Professor of Law, BeiHang University Law School since 2007; Dean of the Institute for Advanced Studies in Humanities and Social Sciences since2010. Books include On Self Consciousness(1990); Legal Order and Liberal Justice(2004); Political Philosophy of David Hume(2004); On Recht by Mutual Recognition(2005); Five Treatises on Modern Politics(2008); From Constitutional Politics to Normal Politics(2009); Constitutional Moment(2011), etc. Wei Zhang, Prosecutor of Beijing Chaoyang District People s Prosecutors Office. LL.B, Zhengzhou University Law School, 2006; LL.M, Zhengzhou University Law School, 2009; Ph.D in Management, BeiHang University, 2012 Feilong Tian, Assistant Professor of the Institute for Advance Studies in Humanities and Social Sciences, BeiHang University. LL.B, Nanjing University Law School, 2006; LL.M, Peking University Law School, 2008; J.S.D., Peking University Law School, 2012. Leslie Wright Fellow, Faculty of Law, The University of Hong Kong, 2014-2015.
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