Tuesday, November 15, 2011

The Socialist Legal System with Chinese Characteristics

The Socialist Legal System with Chinese Characteristics
This new document - filled with boilerplate (standard language) sets a new record for use of the phrase "with Chinese characteristics".  Whenever in a public setting one states a direct or implied criticsm of the Chinese legal system someone will pipe up about "Chinese characteristics".  That phrase has become shorthand for "we are not going to be western liberals", we are not going to develop a mechanism to replace the Communist party with some other party.
As the excerpt below declares China - with the almost incomprehensible disruption of the Cultural Revolution (1966 - 1978) - has made great progress in developing its legal system - though it remains in many ways a weak state, with weak central control and weak regulatory structures.
As Prof. Stanley Lubman recently observed there is progress  - as I saw in my work translating the new statement of basic principles of tort law which was enacted last year.   There is lots of serious discussion among lawyers, law professors, and others.  But it is not possible to discuss whether any non-communist political party should be allowed to compete for power.  Those who push in that direction - like Nobel Prize winner Liu Xiao Bo - are incarcerated.  - GWC

Some excerpts follow
The socialist system of laws with Chinese characteristics is a legal foundation for socialism with Chinese characteristics to retain its nature, a legal reflection of the innovative practice of socialism with Chinese characteristics, and a legal guarantee for the prosperity of socialism with Chinese characteristics. Its establishment is an important milestone in China's development of socialist democracy and the legal system, and showcases the great achievements of reform, opening up and the socialist modernization drive. It is of great realistic and far-reaching historic significance.
Since New China was founded, and particularly since the policy of reform and opening up was introduced in 1978, China has made remarkable achievements in its legislation work. By the end of August 2011, the Chinese legislature had enacted 240 effective laws including the current Constitution, 706 administrative regulations, and over 8,600 local regulations. As a result, all legal branches have been set up, covering all aspects of social relations; basic and major laws of each branch have been made; related administrative regulations and local regulations are fairly complete; and the whole legal system is scientific and consistent. A socialist system of laws with Chinese characteristics has been solidly put into place.


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