ABSTRACT

After thirty years of Mao era (1949-1979) which was struggle-based, the Communist Party of China has begun to change its position as a pioneering revolutionary party, evolving into a universal ruling party that transcends class interests. Meanwhile, administrative and judicial reforms oriented toward a more efficient, serving government and the rule of law have been actively carried out.

As the earliest work on constructive jurisprudence of new proceduralism in China, this book elaborates on the ideological confrontation on the "direction of China". It includes academic debates on politics and law which the author has been involved in, and top-level institutional design in China. Besides, this book introduces, analyzes and evaluates the focus of Chinese contemporary jurisprudence, making some critical summarizing propositions on the practical experiences. A review of Western contemporary jurisprudence and the forefront of legal research is also covered, aiming to provide ideological resources for the rule of law in China.

Scholars and students in Chinese legal and social transformation studies will be attracted by this book. Furthermore, it will help different civilizations conduct rational dialogues on justice and order.

chapter 4|9 pages

Organism and liberty

The paradox of Hayek’s rule of law (a discussion with Prof. Deng Zhenglai about spontaneous order)

chapter 8|26 pages

The judicial reform in China

The status quo and future directions

chapter 10|8 pages

Legal mode of social transformation

chapter 11|8 pages

Tradition and innovation of legal order

chapter 12|9 pages

Conditions for modern rule of law

chapter 13|6 pages

The roots of law and its efficacy

chapter 15|7 pages

Efficiency-seeking jurisprudence

chapter 18|9 pages

Reflections on relational contract theory

chapter 20|16 pages

Law and society geared to the 21st century

Reflections on the 31st session of the symposium of the research committee on the sociology of law of the international sociological association 1