China's Long March toward Rule of Law

Abstract

China has enjoyed considerable economic growth in recent years in spite of an immature, albeit rapidly developing, legal system, a system whose nature, evolution and path of development have been poorly understood by scholars. Drawing on his legal and business experience in China as well as his academic background in the field, Peerenboom provides a detailed analysis of China's legal reforms. He argues that China is in transition from rule by law to a version of rule of law, though most likely not a liberal democratic version as found in economically advanced countries in the West. Maintaining that law plays a key role in China's economic growth, Peerenboom assesses reform proposals and makes his own recommendations. In addition to students and scholars of Chinese law, political science, sociology and economics, this will interest business professionals, policy advisors, and governmental and non-governmental agencies as well as comparative legal scholars and philosophers.

China's Disinterested Government and the Rule of Law

“…De jure, Article 126 of the PRC Constitution states that 'the People's Courts exercise judicial power independently, in accordance with the provisions of law, and not subject to interference by any administrative organ, public organisation or individual.' De facto, judicial independence is largely restricted by an extremely high degree of Party oversight (Peerenboom 2002). As a matter of fact, political interference with judicial affairs is commonplace.…”

Aspects of Arbitration Discourse: an Insight into China’s Arbitration Law

“…Indeed, Chinese legal language has been found vaguer and more ambiguous than other traditions, such as, for example, English legal language (Ross & Ross, 2000). Peerenboom (2002), for instance, claims that Chinese legislation is characterised by generality and vagueness, with frequent cases of undefined terms and inconsistent usage. Keller (1994) attributes this greater vagueness and indeterminacy to the particular need for generality and flexibility that is at the basis of legislative drafting in that country.…”

China’s Antimonopoly Law 2008: An Overview

“…Moreover, the adoption of the role of law is not to be equated with the adoption of the rule of law, with its like treatment of like persons, irrespective of their status or relationships. There is also a considerable way to go in this dimension if Western standards are to be achieved (Peerenboom 2002).…”