China: Legal Reform in an Emerging Socialist Market Economy

Law and Legal Institutions of Asia: Traditions, Adaptations, and Innovations, Ann Black, Gary Bell, eds., Cambridge University Press, 2011

38 Pages Posted: 6 Sep 2011 Last revised: 13 May 2017

See all articles by Jiangyu Wang

Jiangyu Wang

City University of Hong Kong (CityU) - Centre for Chinese & Comparative Law

Date Written: September 5, 2011

Abstract

This paper, as a chapter in a book on law and legal institutions in Asia, attempts to critically examine the Chinese legal system from its historical roots to its contemporary institutions. It first discusses the historical context of the Chinese legal system, which is viewed as a (re)fusion of three main historical influences, including ancient Chinese legal traditions (Confucianism and Legalism), China's communist and socialist legal practices, and the Westernization of Chinese law in the past century. It then proceeds to discuss the sources of law in China, followed by an critical introduction to the legal institutions which make, interpret and apply the law in China, namely the legislature, the judiciary and the executive branch. It also looks at the role of the legal professions in the legal system. Finally, it discusses profound implications of some recent directions and trends of legal developments in China.

Keywords: rule of law, Chinese law, Chinese legal system, comparative law, law in China

JEL Classification: K10, K40

Suggested Citation

Wang, JiangYu, China: Legal Reform in an Emerging Socialist Market Economy (September 5, 2011). Law and Legal Institutions of Asia: Traditions, Adaptations, and Innovations, Ann Black, Gary Bell, eds., Cambridge University Press, 2011, Available at SSRN: https://ssrn.com/abstract=1922940

JiangYu Wang (Contact Author)

City University of Hong Kong (CityU) - Centre for Chinese & Comparative Law ( email )

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Room P5300, 5th Floor, Academic 1
Kowloon Tong
Hong Kong
34427026 (Phone)

HOME PAGE: http://www.cityu.edu.hk/slw/people/people_wang_jiangyu.html

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