There has been a protracted debate among academic lawyers about the development of the Chinese legal system. As law schools churn out thousands of graduates and advanced degree holders westerners - particularly Americans try to assess it. The hope is that Rule of Law will prevail: independent courts, laws that bind the governors as well as the governed, often with a rosy view of our own system. Are they going there? Or not?
The Chinese Communist Party explains that they are filling in the gaps, assuring civil rights for all. By that they mean a fully developed statutory system and adequately staffed and trained courts and judges. Normal rule of law. This, of course, does not satisfy western observers. Whether liberal or conservative they agree that one-party rule is inherently tyrannical. So unless China's CP decides that citizens are free to organize and advocate displacement of the Communist Party as the party permanently in power the CP's policies will not find acceptance here.
An entree into the debate is presented by this recent essay by Prof. Don Clarke, of George Washington University Law School. The owner/moderator of the Chinese law listserve and blogger at Chinese Law Prof Blog, his recent essay has prompted lively discussion among 中国通 - China hands, old and new. - GWC
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