Economy ＆ Nation Weekly

China＇s Judicial Reform
The rule of law is not a strange concept in Chinese history. In recent decades, it has been a guardian for China＇s reform and opening-up, as well as the nation＇s modernization drive. The Fourth Plenary Session of the 18th CPC Central Committee focused on the rule of law to lay a solid foundation for perfecting the country＇s judicial system.     

The Socialist Rule of Law with Chinese Characteristics and Human Rights Protection

Law is the fundamental method of governance and the rule of law symbolizes modern civilization. The socialist rule of law is the rule of law rooted in the Chinese tradition, and designed and led by the Communist Party of China(CPC). It is not only a tool for government, but also a driver of social progress. Meanwhile, the Chinese human rights system is also designed by the CPC. Both concepts—the socialist rule of law and the human rights system——are different from the West in terms of theory, path and systems. Human rights are the fundamental values of and the ultimate goal pursued by the rule of law; and the rule of law is the recognition of and guarantee for human rights. Efforts must be made to advance legislative, administrative and judicial protection of human rights.     

Rule by Criminal Law is a Seismograph for the Protection of Human Rights

正Criminal law involves crucial rights of the public,including property rights,political rights,freedom,and even life.As a result,on the one hand,any change to the rule by criminal law may have a significant impact on people’s lives;on the other hand,any change to the rule by criminal law is a highly sensitive issue.In view of these points,the rule by criminal law is often referred to as the seismograph for the protection of human rights,indicating the utmost importance of rule by criminal law     

Combining the Rule of Law with the Rule of Morality——General Secretary Xi Jinping's Important Discourse on the Relationship Between the Rule of Law and Rule by Virtue

<正>Key points:Throughout the ages,rule of law has been an indispensable means of governing a state.However,as General Secretary Xi Jinping has pointed out,it is not enough to govern a state by the rule of law     

Laws,as an Integral Whole,Promotes the Cause of Human Rights

In modem society, the rule or law is an important pattern of national governance. Realizing human rights is closely related to the rule of law. What the author intends to discuss is how to use integral thinking to understand human rights as well as the relationship between human rights and development and how to comprehend the rule of law and the promotion of human rights through the rule of law in the process of facilitating the cause of human rights.     

On Chinese Media

正EconomyNation Weekly Issue No.22,published on October 27,2014 China’s Judicial Reform The rule of law is not a strange concept in Chinese history.In recent decades,it has been a guardian for China’s reform and opening-up,as well as the nation’s modernization drive.The Fourth Plenary Session of the18th CPC Central Committee focused on the rule of law to     

“Fundamental Rights and Private Law” in China

The Qi Yuling case is a crucial juncture in the study of “fundamental rights and private law” in China, yet relevant research is underpinned on two clues. The first is that the increasing interest in the “constitutionalization of private law” worldwide provides knowledge resources and reference materials for scholars in China; the second is the understanding and exploration of the judicial application of the Constitution since the 1980s. Among them, such concepts as “the Constitution has direct ...     

To Guarantee Lawyers' Right to Practice is to Protect Human Rights——An analytical review of the new Law on Lawyers

Power balance is a systematic frame- work that facilitates the forming and existence of rule of law and is also a direct precondition for the forming and existence of rule of law. It is designed for restriction of the State power, and it is also for those who have the administrative power to use their power for safe- guarding the social justice. The lawyers＇ right to practice is an important part of social balance mechanism and is also an internationally accepted form.     

Should Law Professors Take Part-Time Jobs?

<正>China’s Law on Lawyers is to undergo revision.Some people have put forward opinions regarding a clause in the law that states that law education and research personnel are allowed to be part-time lawyers.They call for the cancellation of this clause,arguing that when law professors appear in court,it will lead to judicial injustice,as judges and procurators might happen to be their former students.     

A Systemic Fix

正China is accelerating the building of a society based on rule of law with unprecedented focus By li liWhen rule of law was first announced to be the primary topic for the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China(CPC)in July,the news thrilled many law professors."This is unprecedented,"Li Buyun,a legal     

A New Era for the Rule of Law

<正>Although many reforms are still at the pilot stage,real progress has been made in advancing the rule of law in China in the past year.Aside from corruption investigations,a series of mistrials were placed under the legal microscope.Among them was the retrial of the Hugjiltu case involving the wrongful conviction and subsequent execution of a teenager accused of rape and murder.From reforms of the judicial system to the implementation of a system that accords lifelong responsibility to judges for the cases they handle and the decisions they make,new breakthroughs have materialized.     

On the Relationship Between Human Rights Protection and the Modernization of State Governance

The protection of human rights inherently related to modern state-governance.On the one hand,human rights protection is the foundation and criteria for modern state-governance,characterized by democracy,rule of law and civility,with human rights as a cross-cutting theme in all these elements.On the other hand,human rights protection provides conditions and motives for modernizing state governance.Human rights are pursued as a fundamental value in modern state-governance.Human rights protection is also a driving force for good governance and a touchstone for the modernity of governance.     

Commentary on the Newly Published White Paper Concerning the Rule of Law in China

On February 28, 2008, the State Council Information Office published a white paper entitled China＇s Efforts and Achievements in Promoting the Rule of Law. This document is the first white paper published by the government on China＇s rule of law. It contains eight chapters and six appendices to review China＇s achievements on the road to practicing the rule of law in a compre- hensive way, and to expound the official Chinese policy and position on this is- sue. With some essential points inside, the publication of this white paper is of great significance, especially this year, to China＇s rule of law, human rights prog- ress, and its communication and dialogue with the international community.     

Sovereignty Matters

Those who seek to demolish rule of law can't be appointed as keepers of law By most his torical accounts,China began to emerge as a nation-state with the Xinhai Revolution in 1911.The struggle was to transforam from a civilizationstate to a nation-state,per the model imposed then by the hegemony of Western political models.Those initial efforts were not successful。     

Transparency,It's the Law

China has been moving toward"rule of law"for more than a decade.It has been an eventful period,during which common people are given increasing say in lawmaking. For years in China,administrative regulations issued by government agen- cies have constituted a major basis of the legal system and proven effective in the settlement of a large proportion of judicial proceedings due to their concrete and specific stipulations.However,since the regulations place more emphasis     

Property Law Enacted for People＇s Wellbeing

On the morning of March 16, 2007 the 10th National Peo- ple's Congress passed the Property Law of the People Republic of China(referred to as the Property Law below)with a major- ity of votes.Having gone through 13 years of deliberations and discussions,this law sets a record in China's legislation history as a single bill that has gone through the great- est number of examinations.Enactment of the law has great significance for China's economic reforms,the effort to make China a rule of law country and the safeguarding of people's interests.     

Human Rights in Civil Judicial Documents:Conception and Function

Traditional human rights theory tends to hold that human rights should be aimed at defending public authority and that the legal issue of human rights is a matter of public law. however,the development of human rights concepts and practices is not just confined to this. A textual search shows that the term “human rights”exists widely in China’s civil judicial documents. Among the 3,412civil judicial documents we researched, the concept of “human rights”penetrates all kinds of disputes in lawsuit...     

Human Rights of 21st Century From Perspective of Philosophy of Harmony

What we call "human rights" literally refers to those rights to which members of the human race are entitled. The concept of value and human rights assume a paramount importance in China when the country is striving to develop by complementing the enforcement of rule by law and the enforcement of rule by virtue. Neither principle can be truly implemented if human rights are not adequately protected. In other words, development and improvement of human rights conditions will guarantee the development and improvement of rule by law and rule by virtue.     

Comprehensive Preservation of Human Rights in the Context of “Comprehensively Advancing the Rule of Law”

The Decision made at the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China(CPC)on comprehensively advancing the rule of law is an ambitious plan for ensuring human rights through the rule of law.The Decision has fully embodied the constitutional spirit of"respecting and preserving human rights,"and reflects the strategies and plans of the CPC to comprehensively preserve human rights in the course of"comprehensively advancing the rule of law".In the process of comprehensively preserving human rights,the leadership of the CPC has to be upheld.The relationship between the CPC and the rule of law is the core issue in lawbased governance and also the core issue in comprehensively preserving human rights.     

“Bad Guys” Defense Counsel Rights

Xinmin Weekly Issue No.1,published on January 5,2015China is speeding up reforms to its judicial system.In the process many injustices are put to rights,but they underline the urgency of reforms and the tremendous challenges that still lie ahead.Some of these injustices can be attributed to institutional problems that jeopardize judicial independence,such as judicial administration.But the absence of a full guarantee of suspects’rights to defense counsel is another main culprit.