RULE OF LAW IN CHINA-- LEGISLATION REASONING AND ENFORCEMENT OF ANTI-MONOPOLY LAW IN CHINA AND THE WEST

It is a long debate over whether rule of law is reliable in China, when some Chinese regulations are considered to be decided for political interests rather than the law itself. Furthermore, Chinese court decisions are often criticized for not according with statutes, even though the latter are properly written. The author examines these issues by comparing the legislation reasoning and enforcement of competition law in China, the European Union and the United States, which will not lead to endorsement of or objection to the view that rule of law is properly enforced in China, but it shall be an inevitable responsibility for the Chinese judiciary to demonstrate efforts it has taken.     

THE RULE OF LAW: A THEME IN FIVE VARIATIONS

This article unpacks the concept of the rule of law by distinguishing five distinct meanings of the term. These are: (1) the rule of practical wisdom, (2) the rule of the law, (3) rule by law, (4) the rule of law as a principle of constitutionalism, and (5) the rule of law as a power-building technique. It suggests that unless the particular meaning being used is clarified, discussion of the concept is likely to generate more heat than light.     

THE RULE OF LAW IN THE EXTERNAL RELATIONS OF THE EUROPEAN UNION WITH A SPECIAL FOCUS ON CHINA

In line with the ideas of its founding fathers, the European Union is a legal system built on the rule of law, internally and internationally which was highlighted by the Treaty of Lisbon （Art. 21）. The EU therefore has to pursue the implementation of the principle of the rule of law also in its external relations. This paper frames the rule of law not only in the context of the Union but also in the United Nations （III. 1） and provides concrete illustrative examples for the implementation on the international scene by the EU. Section IIl deals with the Cotonou Agreement, the European Neighbourhood Policy, Central Asia, South Korea and Myanmar/Burma. Special attention is paid to the case of China （III.3f） where the preoccupation with the rule of law poses a particular challenge which is not side-stepped by the Union. In pursuing this policy, the EU contributes to the development of rule of law in international law and governance.     

THE EVOLUTION OF POLICY AND LAW FOR SUSTAINABLE DEVELOPMENT IN CHINA

This article examines the evolution of politics and laws related to sustainable development in China. Sustainable development has been positioned as an economic development strategy many years ago. However, in earlier times, it bore a heavy tint of national strategy, followed by a kind of soft sustainable development with a technological orientation. The recent decade has seen China on track for strong sustainable development. At the present, China is around the turning point of the ＂Environmental Kuznets Curve,＂ where both domestic and international multiple pressures are forcing the whole country to make new choices for its dimension of sustainable development strategy. Although sustainable development has been recognized by the legal field of environmental resources, it is still not yet fully integrated into other areas of law. The period from weak to strong sustainable transition is accompanied by another transition, more significant in China, from industrial civilization to ecological civilization. Compared to weak sustainable development, the complex and contradictory character of strength has brought more challenges. Sustainable development of dualism and compromise, which corresponds with the actual needs in China, is an important theoretical basis and practical standards for implementing the scientific view of development. Finally, it concludes by noting that ecological civilization is attempting to solve the problems from a more broad perspective, and to pay more attention to public participation, at the same time to cover the shortage of environmental legislation.     

THE CHINESE MODEL OF THE RULE OF LAW

China’s project of the rule of law is destined to have its Chinese characteristics. China also needs to think about of the way of developing its own model of the rule of law so as to achieve a rule of law society that is universal in modern society. Many rule of law countries, such as England, Germany and France, started their rule of law project with their own model. China should learn from the merits of these different models. Nevertheless, China should also try to solve the key problem of the rule of law, which is the energizing of the enforcement of the Chinese Constitution.     

法治的两条道路

<正> 要做到十亿人口的国家人人注意遵守法律,依法办事,……根本的问题是……将法律交给广大人民掌握,使人民群众和干部知法、守法……我们最终说了算并不是因为我们一贯正确,而我们一贯正确仅仅是因为我们最终说了算。     

PROMOTING THE PROCEDURAL JUSTICE IN CHINA

Maintaining social justice is the fundamental goal of legal systems. In Chinese, the compositions of characters have symbolic meanings, and the word “law” has the meaning of “as even as water” and “getting rid of unevenness.” It is true that people have different understandings as to the meaning of justice under different social conditions and at different times in history. However, regardless of time and place, justice has been the goal that is pursued in judicial activities.     

THE RULE OF LAW IN CORPORATE SOCIETY: NEUMANN,KIRCHHEIMER AND THE LESSONS OF WEIMAR

The Rule of Law : Political Theory and the Legal System in Modern Society . By Franz L. Neumann . Social Democracy and the Rule of Law . By Otto Kirchheimer and Franz Neumann . Edited by Keith Tribe. Translated by Leena Tanner and Keith Tribe.     

ACCESS TO JUSTICE AND THE LIMITS OF LAW

This article examines the relationship between persistent demands for "access to justice" and the relatively low yield of court-oriented social reform strategies. Access to justice has a symbolic attraction which is impossible to deny. Access may not insure justice or social reform, but it is an important political resource from which strategic bargaining advantages may flow. But the importance of the right to participate may be inversely related to its utilization. Beyond a certain level, expanded access may be costly. Its deterrent qualities may be diminished, and the legal system, when overloaded, may be unable to insure delivery of justice.     

应从立法上考虑条约在我国的效力问题

<正>本文的主题属于国际法与国内法关系的范畴。条约在一国(国内)的效力包含三个基本问题:第一,条约是否可以在一国为法院所直接适用?第二,条约在一国国内法上的地位如何?这个问题也可以表述为:当条约和国内法抵触时,谁优先适用?第三,在一国国内谁有权按照什么规则解释条约?     

THE RULE OF LAW AND EXPERIENCE OF THE KOREAN JUDICIARY

As a social norm, law in a democratic society should be established in the form of positive law by collecting opinions of people. In order for the rule of law to be properly practiced in a democratic country, the doctrine of separation of powers requires that the legislative, executive, and judicial functions should not be consolidated in a single body. However, even within a perfectly established legislative system, the principle of the rule of law may be distorted depending on the role of the judiciary. The experience of the Korean judiciary shows that even though it is designed to be a completely independent organ of the lawmaking National Assembly and the law-enforcing executive branch; it would fail to properly give effect to the country’s governing principle of the rule of law. It may be thought that the fundamental reasons lie in the endemic tendency towards the rule of man in East Asian societies. Nowadays, those who received education in a democratic society without experiencing the authoritarianism have begun to make inroads into the leadership of the judicial branch. They can be firmly determined to prevent freedom and rights of every single person from being infringed upon. In this way, they can be confident that the judiciary has fulfilled its roles in shaping a democratic country where the rule of law is exercised properly as a governing principle.     

LAW ENFORCEMENT AND THE RULE OF LAW: IS THERE A TRADEOFF?

This essay assesses whether a strong evidence‐based argument can be made to support the proposition that when police violate the rule‐of‐law they do more harm than good with respect to their collective, as well as personal, interests. The assessment is undertaken to counter the common presumption among police officers that circumstances often justify cutting legal corners in the interests of public safety. The essay first examines what research shows about the facilitators of police law breaking. It then examines seven reasons why violating the rule‐of‐law works against the instrumental interests of the police themselves. After assessing the strength of the evidence against the instrumental benefit of violating the rule‐of‐law, suggestions are made about research that is needed to make the case more compelling. In conclusion, the essay discusses how empirical knowledge might be most productively used to change the culture of contemporary policing.     

THE SECOND SESSION OF THE EDITORIAL BOARD OF FRONTIERS OF LAW IN CHINA

The 2nd Session of the Editorial Board of Frontiers of Law in China （FLC） was held in Renmin University Law Building on May 23, 2014. Editorial members talked about new changes, current challenges and the future development of FLC.     

RETHINKING DEMOCRACY AND RULE OF LAW FROM THE PERSPECTIVE OF RHETORIC

With its revival in recent years, rhetoric has provided a special perspective for modern people. If we take rhetoric as a framework to rethink democracy and rule of law, we may not only grasp a new understanding of them, but also gain more knowledge of the possible role of rhetoric in the contemporary world. We will find that rhetoric was closely related to democracy and rule of law, and is still fully accordant with ideas of democracy and rule of law in modern society. Moreover, rhetoric can provide intellectual support to these concepts.