Please wait a minute...

Frontiers of Law in China

Current Issue

, Volume 13 Issue 4 Previous Issue   
For Selected: View Abstracts Toggle Thumbnails
FOCUS
EDITOR’S NOTE
ZHU Jingwen
Front. Law China. 2018, 13 (4): 457-457.  https://doi.org/10.3868/s050-007-018-0034-8
Abstract   PDF (190KB)

References | Related Articles | Metrics
40 YEARS OF CHINESE REFORM AND OPENING UP ALONGSIDE CHINESE CONSTITUTIONAL STUDY
HAN Dayuan
Front. Law China. 2018, 13 (4): 458-496.  https://doi.org/10.3868/s050-007-018-0035-5
Abstract   PDF (401KB)

China has a long history of constitutional jurisprudence, bearing different academic missions in different eras. China’s constitutional jurisprudence, characterized by its academic logic and principled nature, has not only facilitated social development and progress but also actively played academic functions during the Chinese reform and opening up. This paper considers the social changes during the last 40 years of the policy’s implementation as the background and, by employing standardized and literature analysis methods, combs the main progress and evolution of the knowledge system during the 40 years of constitutional jurisprudence study, followed by a look into its future.

References | Related Articles | Metrics
40 YEARS OF THE RULE OF ADMINISTRATIVE LAW: ENHANCEMENTS, EXPERIENCE, AND EXPECTATIONS
MA Huaide, KONG Xiangwen
Front. Law China. 2018, 13 (4): 497-537.  https://doi.org/10.3868/s050-007-018-0036-2
Abstract   PDF (385KB)

Based on major landmark events and the rule of law development, the administrative rule-of-law construction in China, over 40 years since the initiation of the reform and opening up policy, can be divided into four stages: the “recovery” stage; the “rapid development by focusing on administrative legislation” stage; the “implementing the basic policy of law-based governance of the country and focusing on law-based administration of government” stage; and the “simultaneous advancement and integrated construction in building the rule of law in China” stage. Over the past 40 years, China’s administrative rule-of-law construction has achieved fruitful results in terms of theoretical shaping, system construction, and concept popularization. The future construction of the administrative rule of law should promptly respond to the theoretical needs put forward by state governance, administrative changes, emerging science, and technology development, and it should continue to improve the theoretical system of administrative law with Chinese characteristics; we should strengthen legislation in key areas, solve practical problems in the construction of a government under the rule of law, and promote the effect of law enforcement and system implementation. We should also focus on improving the awareness and qualities of the rule of law at all levels of leading cadres and form a good rule of law atmosphere in the entire society.

References | Related Articles | Metrics
FOUR DECADES OF CRIMINAL LAW RESEARCH: PATHS OF DEVELOPMENT AND KNOWLEDGE TRANSFORMATION
ZHAO Bingzhi, YUAN Bin
Front. Law China. 2018, 13 (4): 538-558.  https://doi.org/10.3868/s050-007-018-0037-9
Abstract   PDF (226KB)

The year 2018 marks the 40th anniversary of China’s reform and opening up. In these past four decades, research in Chinese criminal law has recovered, stabilized, and developed, before it reached a stage of prosperity. The approach to research in criminal law has shifted from being one-dimensional to being comprehensive. The law now focuses on diverse issues, as opposed to singular ones. The discourse has shifted from an issue-led approach to a more systemic one. The tools used to interpret the law have shifted from substantive ones to a combination of substance and formality. As a result, the number of studies has increased, and in-depth research has grown over time. In the future, research in criminal law will become more specialized and diversified. Researchers will promote consciousness further, broaden their horizons, and promote fruitful research in criminal law.

References | Related Articles | Metrics
AN EXPLORATION OF CHINESE JURISPRUDENCE: STAGES, FIELDS, AND TOPICS BASED ON MY EXPERIENCE
ZHU Jingwen
Front. Law China. 2018, 13 (4): 559-601.  https://doi.org/10.3868/s050-007-018-0038-6
Abstract   PDF (274KB)

Since reform and opening up, the development of Chinese jurisprudence has experienced a tortuous course, the exploration of which is divided into three stages: the entanglement of class nature, the dual role of Western jurisprudence, and the return of Chinese jurisprudence. The author proposes a series of topics in eight fields, namely, the changes of the political and legal thoughts of the leaders of the Communist Party of China, socialist jurisprudence with Chinese characteristics, theory of the rule of law, study of sociology of law, study of comparative law, study of law and globalization, theory of legislation, and evaluation of the rule of law. Some of these topics have already been solved. For others, only the basic framework for solving the problem has been proposed. Even for the solved problems, due to social and economic changes, the solutions will need to be re-proposed. Chinese jurisprudence should face China’s problems.

References | Related Articles | Metrics
5 articles

NewsMore

LinksMore