Section outline

  • A constitution is the fundamental law of a legal system, in this class the history and basic contents of Chinese constitution will be explored, the features of Chinese constitution will be discussed.


    Readings:

    • Jianfu Chen, Chinese Law: Context and Transformation (2016), Brill Nijhoff, Chapter 3
    • Larry Catá Backer, Rule of law , the Chinese communist party and ideological campaigns: Sange Daibiao (the Three Represents), Socialist Rule of law and modern Chinese Consitutionalism
    • Jiangyu Wang, The rule of law in China: a realistic view of the jurisprudence, the impact of the WTO, and the prospects for future development
    Randy Peerenboom, The social foundations of China’s living Constitution

    • Please watch the interview of the speaker on the rule of law in China and discuss the following issues:

      -- what are the aspects which reflect the development of rule of law in China according to the speaker?

      -- What other reports about the above aspects have you read on the public media in your home country?

      -- Do your agree with the speaker on the above aspects? why or why not?

      -- Based on the three orders of civilization proposed by Prof. Yu xingzhong (as mentioned in Lecture 1), what other aspects should we pay attention to when we make comments on the rule of law in a country?

      -- What is the situation of rule of law in your home country with respects to the above aspects?