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The Chinese Legal System: Continuing Commitment to the Primacy of State Power

Published online by Cambridge University Press:  12 February 2009

Pitman B. Potter
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Extract

On the 50th anniversary of the founding of the PRC, the legal system plays an increasingly significant role in social, economic and even political relationships. Legal norms drawn largely from foreign experiences have been selected and applied through a plethora of newly established institutions. The role of law as a basis for government authority has become a legitimate and significant issue in the broader political discourse. Despite these achievements, law in China remains dependent on the regime's policy goals. Particularly where political prerogatives are at stake, legal requirements appear to pose little restraint on state power. In this sense, the ten years that have passed since Tiananmen appear to have had little impact on the willingness of the party-state to dispense with legal requirements in pursuit of political expediency. If we are to rely upon Dicey's dictum on the rule of law being in effect when the state becomes just another actor, the rule of law in China still seems a distant prospect indeed.

Type
Research Article
Information
The China Quarterly , Volume 159 , September 1999 , pp. 673 - 683
Copyright
Copyright © The China Quarterly 1999

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