ABSTRACT

In the previous chapters, we have established that law is part of the solution in the battle against power totality. In this final section, we will discuss some of the legal measures in the process of power check and how law can help remedy the abuses of the past. I will argue that the Constitution has an important role to play in the power check and that there are several steps to take to reach the goal of power check. We need first of all to establish the principle of power check in the Constitution and to grant the independence to China’s legal institutions. Furthermore, we need a structural change that will put in place a mechanism for the supervision of power. Based on other models, I will propose a model for a Constitutional Office and an Administrative Court that will be able to sanction corrupt state officials and power agencies (including law enforcement agencies). Finally, I will discuss the implications of this study in the light of the ongoing struggle between ideology and humanity and the repositioning of Marx’s original vision.