ABSTRACT
The Nationalists in their efforts to establish a unified nation-state and a modern economy introduced a complete system of Western codes and legal institutions. In fact, rule by law worked relatively well during the Nationalist period given the environment of war and civil strife. Since the death of Mao Zedong in 1976, the Chinese communist leadership has introduced legal codes as it had tried to do twice, only to be frustrated by Mao. Prosecution and legal trials were linked to political processes and assumed mass participation. In 1982 China's constitution was debated and at the end of the year put into force. As a document upon which a legal system and the rule of law can be built it is superior to its two predecessors and in many ways resembles the 1954 constitution. If Mao's rule was arbitrary, the question remains whether the reforms introduced after Mao's death can become the basis for an improved legal order.
