Rule of Law in China: A Comparative Approach (SpringerBriefs in Law)

This book analyzes in detail differing interpretations of the rule of law in Western legal systems and in the People’s Republic of China. As the rule of law is seen by many as a prerequisite for China’s future development, politicians, activists and entrepreneurs from China and from the West alike have long been calling for adherence to this principle, which is constitutive of Western democracies. All these groups use the same words, but do they truly share the same idea? In order to address this question, the book compares the “Rule of Law with Chinese characteristics,” as propagated by Chinese leaders and in official Chinese publications, to different applications of the rule of law as it is understood in Western civilization. In particular, the author takes a closer look at the implementations of recognized core elements of the rule of law in representative Western countries, which include the separation of power, the supremacy of law, the protection of fundamental rights, and the independence of the justice system. Contents 7 1 Introduction 9 1.1 Calls for Rule of Law 9 1.1.1 Western Calls 9 1.1.2 Chinese Calls 10 1.2 Motivation and Approach of the Analysis 13 1.3 Reference of Comparison 14 References 15 2 Rule of Law in Western Civilization 17 2.1 Foundations for Development 17 2.2 Core Aspects of the Rule of Law in Western Civilization 17 2.3 Core Aspects of the Rule of Law in Germany, France, and in the United Kingdom 19 References 19 3 Rule of Law in China 20 References 24 4 Selected Aspects of Rule of Law 25 4.1 Separation or Concentration of Power? 25 4.1.1 Germany, France, and the United Kingdom 25 4.1.1.1 Reasons for the Separation of Power 27 4.1.1.2 Impact on the Legislative System, Accessibility, and Transparency of Law 28 4.1.2 China 31 4.1.2.1 Reasons for Concentration of Power 31 4.1.2.2 Impact on the Legislative System, Accessibility, and Transparency of Law 34 4.2 Supremacy of Law 38 4.2.1 Western Approach 38 4.2.2 Germany, France, and the United Kingdom 39 4.2.3 Chinese Approach 42 4.2.3.1 Chinese Legal History in Brief 42 4.2.3.2 Chinese Legal Philosophy in Brief 44 4.2.3.3 Present-Day China 46 4.3 Protection of Human Rights 50 4.3.1 Western Approach 50 4.3.2 Germany, France, and the United Kingdom 51 4.3.3 China 54 4.4 Legal Certainty: Mentality of Rule-Making 58 4.4.1 Western Approach 58 4.4.2 Germany, France, and the United Kingdom 59 4.4.3 China 60 4.5 Independence of Courts and Judges 65 4.5.1 Western Approach 65 4.5.2 Germany, France, and the United Kingdom 66 4.5.3 China 73 References 79 5 Conclusion 82 5.1 Conclusion 82 Reference 85 Front Matter....Pages i-viii Introduction....Pages 1-8 Rule of Law in Western Civilization....Pages 9-11 Rule of Law in China....Pages 13-17 Selected Aspects of Rule of Law....Pages 19-75 Conclusion....Pages 77-80