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4 - Socialist Rule of Law with Chinese Characteristics

A New Genealogy

from Part II - Socialism and Legacies

Published online by Cambridge University Press:  28 July 2018

By
Glenn Tiffert
Edited by
Hualing Fu ,
John Gillespie ,
Pip Nicholson  and
William Edmund Partlett
Hualing Fu
Affiliation:
The University of Hong Kong
John Gillespie
Affiliation:
Monash University, Victoria
Pip Nicholson
Affiliation:
University of Melbourne
William Edmund Partlett
Affiliation:
University of Melbourne
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Summary

In 2014, the Chinese Communist Party (CCP) officially adopted a policy of constructing “socialist rule of law with Chinese characteristics.” Analysts hastened to interpret the implications of this decision without duly reflecting on how its portrayal of the past might elucidate its vision for the future. This chapter remedies that oversight. It considers what is socialist and characteristically Chinese about law in the current PRC by probing those parts of modern Chinese legal tradition the CCP has deliberately excluded from the orthodox genealogy it has constructed for “socialist rule of law with Chinese characteristics.” By illuminating that suppressed history, the chapter sheds new light on how the CCP understands this signature policy, and what that may mean for the fate of legal reform in the PRC.
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Chapter
Information
Socialist Law in Socialist East Asia , pp. 72 - 96
Publisher: Cambridge University Press
Print publication year: 2018

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