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  • research-article
    LIAO Yi
    Frontiers of Law in China, 2015, 10(4): 593-621. https://doi.org/10.3868/s050-004-015-0033-9

    The birth of the right to development (RTD) shifted the paradigm of international discourse from need, charity, and aid towards human rights, shared responsibilities, and cooperation. The implementation of RTD requires effective development policies at the national level, and equitable economic relations and a favorable economic environment at the international level. From the new theory perspective, RTD is a type of integrated human rights, charazterized by integration feature and process-oriented approach, by the method of dialogue, in order to achieve the idea of equilibrium. It would be ideal to overcome the dilemma of implementing RTD based on overall strategic framework and improve the legal and judicial reform in the context of globalization. However, for the developing countries that have been struggling to change the unequal international political and economic order, it is the core driving force of realizing RTD in the process of deepening dialogue and negotiations, which is reflected in the process of legal and judicial reform. Therefore, it is necessary for us to change the strategy from legislative base to judicial focus, from one-way path to plural view, exploring the possibility of new model to realize the RTD in the context of comprehensive judicial reform.

  • FOCUS
    QUAN Xiaolian
    Frontiers of Law in China, 2020, 15(3): 253-279. https://doi.org/10.3868/s050-009-020-0016-3

    The regulations of cross-border data flows is a growing challenge for the international community. International trade agreements, however, appear to be pioneering legal methods to cope, as they have grappled with this issue since the 1990s. The World Trade Organization (WTO) rules system offers a partial solution under the General Agreement on Trade in Services (GATS), which covers aspects related to cross-border data flows. The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the United States-Mexico-Canada Agreement (USMCA) have also been perceived to provide forward-looking resolutions. In this context, this article analyzes why a resolution to this issue may be illusory. While they regulate cross-border data flows in various ways, the structure and wording of exception articles of both the CPTPP and USMCA have the potential to pose significant challenges to the international legal system. The new system, attempting to weigh societal values and economic development, is imbalanced, often valuing free trade more than individual online privacy and cybersecurity. Furthermore, the inclusion of poison-pill clauses is, by nature, antithetical to cooperation. Thus, for the international community generally, and China in particular, cross-border data flows would best be regulated under the WTO-centered multilateral trade law system.

  • WANG Shirong
    Frontiers of Law in China, 2007, 2(4): 493-517. https://doi.org/10.1007/s11463-007-0023-z
    In traditional Chinese law, cases are the judicial decisions of general effects determined by special procedures. Before the Period of Spring and Autumn and Warring States, the main form of Chinese law was cases. After that period, Chinese legal system had gradually accommodated various forms in coexistence, with codes as the main body but cases as supplementary. Such a system maintained for a long time. Those cases in the codification era were based on codes and functioned to broaden the scope of legislation, supplement the legislative techniques and strengthen the effect of rules. As to the relationship between the establishment rule and the recurring rule of cases, ancient Chinese law persisted in the recurring rule and thus it maintained a relatively steady supply of rules while maintaining an inner stable legal forms.
  • FOCUS
    QU Bo, HUO Changxu
    Frontiers of Law in China, 2020, 15(3): 339-366. https://doi.org/10.3868/s050-009-020-0019-4

    With the development of the internet and the increasing role played by information technology in the economy, personal information protection has become one of the most significant legal and public policy problems. Since 2013, China has accelerated its legislation efforts towards protecting personal information. The Cybersecurity Law of the People’s Republic of China took effect on June 1, 2017. Legal scholars focus on the nature of personal information, discuss the necessity of enacting specific laws on protecting personal information, and attempt to propose relevant draft laws regarding personal information protection. Personal information protection, however, is not only a legal issue but also a political one. We need to look at the decision-making process about legislation on personal information protection in China. Why has China sped up its legislation on personal information protection since 2013? Is privacy, civil rights, or legal interest the main reason behind the legislation? Only after placing personal information protection legislation in a broader context, can we have a better understanding of the underlying logic and dynamics of personal information protection in China, and can perceive the potential content and possible future of these legislation. This paper argues that Internet industry development, the social consequences of personal information infringement, and national security are the main drivers of China’s personal information protection legislation.

  • FOCUS
    LU Haina, HAO Wanyuan
    Frontiers of Law in China, 2021, 16(1): 3-34. https://doi.org/10.3868/s050-010-021-0002-9

    Previous evidence demonstrates that a public health crisis triggers and intensifies domestic violence, especially against women. The pandemic of COVID-19 supported this observation, as the world witnessed an increase in domestic violence. China has witnessed a similar trend. While the Chinese government is applying a stringent model of virus control measures over COVID-19 when compared to certain other countries, many questions remain: How is this impacting the situation of domestic violence in China? What has China done to combat domestic violence during COVID-19? What can we learn from the Chinese experience? This article intends to answer these questions by reviewing reports and media coverage and conducting interviews with stakeholders. First, it examines causes of domestic violence during COVID-19. Second, it analyses the types and features of domestic violence during COVID-19. Third, the article intends to discover the current difficulties in combatting domestic violence. Fourth, it presents good practices for specific local areas. Last, it concludes with recommendations for tackling domestic violence during public health crises, such as the COVID-19 pandemic, by understanding the Chinese experience.

  • FOCUS
    Darius Longarino
    Frontiers of Law in China, 2019, 14(4): 500-532. https://doi.org/10.3868/s050-008-019-0024-5

    Lesbian, gay, bisexual, and transgender (LGBT) people constitute approximately five percent of the population, but workplace discrimination based on sexual orientation and gender identity remains troublingly commonplace. This article summarizes a large and growing body of social science research demonstrating the economic benefits of LGBT inclusion (and the costs of LGBT exclusion) in the workplace. It concludes with recommendations for (1) future research, stressing the need for more China-specific studies, which would inform policymaking and theoretical understanding of diversity and inclusion practices on business performance, (2) improving employer LGBT-inclusion policies, and (3) strengthening state protection of the equal employment rights of LGBT people.

  • Orginal Article
    GUO Xiaofei,ZHU Jingshu
    Frontiers of Law in China, 2016, 11(3): 433-444. https://doi.org/10.3868/s050-005-016-0024-3

    In comparison to the arduous process of rights advocacy in Hong Kong, transsexuals in China’s mainland achieved their right to marry via some “silent changes”: there was no legal activism from transsexual communities, no debates or hearings in the legislature, and no landmark judgments made by the judiciary. From a perspective of comparative law, this article attempts to analyze the legal changes regarding transsexuals’ right to marry in China’s mainland in light of the struggles in Hong Kong. It endeavors to discuss to what extent the seemingly “smooth” and “unintended” way of opening up marriage to transsexuals in China’s mainland could be beneficial to trans rights and equality in general.

  • FOCUS
    LI Xiaohui
    Frontiers of Law in China, 2020, 15(3): 313-338. https://doi.org/10.3868/s050-009-020-0018-7

    The right to privacy has been developed through judicial practice and has evolved from “the protection of the right to reputation” to “privacy interest” then to “privacy right.” The Civil Code of the People’s Republic of China (2020) clarifies the right to information privacy and the right to personal information as two independent personality rights and establishes a privacy priority protection mechanism for private information in civil law. The comparative efficiency of the right to personal information may mean that the protection of the right to information privacy is weakened or even replaced by the right to personal information. The uncertainty and fragmentation of private information also creates a wide gray space for judicial decisions. The development from traditional privacy right to information privacy right and personal information right is generally positive and shows the active legal response to the protection of private information in multiple ways. However, clarifications and systematization are required to increase the effectiveness of such protections.

  • ARTICLE
    LIU Lu, QI Qi
    Frontiers of Law in China, 2019, 14(1): 115-140. https://doi.org/10.3868/s050-008-019-0006-5

    This paper explores the law in China determining the validity of ad hoc arbitration agreements. It first points out the particularity of China’s attitude toward ad hoc arbitration through a textual analysis of key provisions in Chinese laws and the comparison between Chinese law and the law of other jurisdictions. The authors then adopt an empirical approach to analyze Chinese courts’ practice in the application of Chinese arbitration laws and conclude that, despite the clear wording employed by the Chinese Arbitration Law, Chinese courts could use two ways to save the ad hoc arbitration agreements without disobeying the statutory law. The paper then moves to analyze the Opinion of Supreme People’s Court on Providing Judicial Guarantee for the Construction of Free Trade Pilot Zone (hereinafter referred to as “SPC Opinion”) issued in December 2016, which is viewed as a tipping point toward a supporting regime of ad hoc arbitration. By implementing this SPC Opinion, for the first time, China regionally embraces ad hoc arbitration. On the basis of the analysis of this new development, the authors suggest possible facilitations to the SPC Opinion and predict the future reform of ad hoc arbitration.

  • FOCUS
    ZHANG Wanhong, DING Peng
    Frontiers of Law in China, 2021, 16(1): 104-121. https://doi.org/10.3868/s050-010-021-0006-7

    The legal system for prevention and control of a public health crisis rests on two pillars: human rights protection and good governance. This duality is well illustrated by substantively equal treatment of vulnerable groups in a pandemic from the perspectives of public service, social inclusion, accessible environment, gender equality, and right to health. A review of literature on this topic shows that current research needs to address the gap between “life supremacy” and “equal protection” in the area of human rights protection, and the gap between “putting people first” and “strict control at the grassroots level” in the area of good governance. The research should employ intersectional methodology to highlight the rights logic of the socialist legal system and the key role of the Communist Party of China’s leadership in balancing individual versus community rights, enhancing the governance capability for participation by multiple social agents, ensuring equal protection for disadvantaged groups, promoting inclusive and sustainable development, and realizing the common prosperity of all the people.

  • FOCUS
    Bruno da Silva
    Frontiers of Law in China, 2020, 15(2): 111-141. https://doi.org/10.3868/s050-009-020-0009-7

    The Organisation for Economic Co-operation and Development (OECD) proposal for taxation of digital economy constitutes one of the most ambitious projects in the field of taxation and may lead to the most significant reform to international tax rules in the 20th century. Based on a two-pillar approach, Pillar Two of the proposal suggests the adoption of Global Anti-Base Erosion (GloBE) provisions that are aimed at introducing a worldwide minimum tax. In this article, a critical analysis is based that the GloBE proposal suggests that it represents a shift in the OECD policy. As compared to base erosion and profit shifting (BEPS), it jeopardizes the tax sovereignty of jurisdictions and it raises fundamental challenges of implementation, both in terms of amendments to domestic law and conflicts with tax treaties.

  • FOCUS
    CHEN Jingyuan
    Frontiers of Law in China, 2021, 16(1): 79-103. https://doi.org/10.3868/s050-010-021-0005-0

    The COVID-19 pandemic has caused a chain of socioeconomic effects worldwide. China’s social and economic operations and labor market have also been suffered because of this global crisis. During hard times, flexible employment becomes an important means for stabilizing employment. However, the pandemic also exposed the problems ensuing from insufficient legal protection for flexible workers. First, there are some gaps and defects in the labor and social security laws in terms of their scope and applicability to flexible workers. Second, there were limitations in the support and protection policies for flexible workers at the early stages of the pandemic. Although the government implemented measures soon after the outbreak of COVID-19, their role is still constrained by the legal lacunae in protecting flexible workers. As flexible employment will continue to play a significant role in China’s labor market, the State Council issued a far-reaching official document in July 28, 2020 to support it. This document indicates the directions for providing better legal protection for flexible workers, which contains expanding the legal scope and enriching the legal protection. Based on the realities and latest policies, the legal protection for flexible workers should be systemically improved in the future.

  • FOCUS
    HE Biao, Rune Halvorsen
    Frontiers of Law in China, 2021, 16(1): 35-57. https://doi.org/10.3868/s050-010-021-0003-6

    This article reviews social regulatory and redistributive policies in China that aim at fostering digital inclusion of persons with disabilities. We examine the emerging Chinese policies and how China has responded to the impacts of the coronavirus disease (COVID-19) on digital inclusion in terms of redistribution, market regulation, involvement of persons with disabilities and disabled people’s organizations (DPOs), and awareness-raising campaigns. The policy review demonstrates that the Chinese policy framework contains a few redistributive initiatives, for example, cash transfer programs, and free distribution of information and communications technology (ICT). These have the potential to increase the uptake of ICT among persons with disabilities. The Chinese policy framework also includes provisions to ensure consultation with individual persons with disabilities and DPOs in the deliberation and implementation of ICT accessibility policies. While China has initiated awareness-raising campaigns among market actors about the importance of digital inclusion, so far, the Chinese government has adopted little legal regulation of the market to foster accessibility to ICT. The article thus argues that some of the limitations may be due to the way state–market relations have developed since the economy opened up in 1978. Apart from the growing benefits of several cash transfer programs, we have not seen major changes or adjustments to the current policy framework during the efforts to mitigate the impact of COVID-19 on digital inclusion.

  • ARTICLE
    ZHANG Naigen
    Frontiers of Law in China, 2020, 15(1): 84-106. https://doi.org/10.3868/s050-009-020-0006-6

    The doctrine of building “a human community with a shared future” (HCSF) is a Chinese diplomatic strategy in the new era moving closer to the center of global affairs. It includes enriched ideas about international law and the essential elements of institutionalization. The emergence and development of modern international law have revealed the critical importance of the ideas about international law as guidance for institutions. It is necessary and possible to institutionalize the HCSF by setting its ideas as principles of international law. The principles of international law for the HCSF are those of durable peace, universal security, common prosperity, coexistence of different civilizations, and sustainable development. The new five principles of the HCSF are integrated with the existing general principles of international law and Chinese proposals for the new era, which is not only the development of Chinese-initiated Five Principles of Peaceful Coexistence but also a new contribution to the contemporary international law. It will be the new guidance to advance the profound changes of international relations unseen in a century for the common interest of mankind.

  • FOCUS
    ZHENG Yi
    Frontiers of Law in China, 2020, 15(2): 227-248. https://doi.org/10.3868/s050-009-020-0013-2

    Today, international taxation is at an inflection point. The implementation of action plan on base erosion and profit shifting (BEPS) and enforcement of the Belt and Road Initiative are reshaping taxation rules and principles. As a crucial aspect of outbound taxation, foreign tax credit is expected to embrace the normative objectives of the new era, which emphasize the importance of subjecting all trans-border business activities to equitable, efficient, and coordinated taxation. Currently, China’s foreign tax credit prescribes in an incompatible pattern; it lacks clear legislative intent, despite marking specific rules with archaic unilateral characters. To reform this regime, legislative principle should reflect the latest consensus on the economic activities’ nexus and ensure that the income derived from trans-border transactions falls under a minimum tax. Regarding specific rules, it is strongly suggested that active and passive incomes be distinguished and the equity holding threshold of obtaining indirect credit be lowered. China’s foreign tax credit reform should take an inclusive perspective, actively participating in the cooperation between countries.

  • FOCUS
    WANG Liming
    Frontiers of Law in China, 2019, 14(1): 39-72. https://doi.org/10.3868/s050-008-019-0003-4

    This article reviews the historical development of Chinese civil law since reform and opening up of China and argues that the primary achievement of civil law legislation over the last four decades has been the formation of a comprehensive civil legal system. Today’s civil law system in China not only satisfies the institutional requirements for building a market economy but also constructs a legal rights system and establishes fundamental civil law principles, such as individual autonomy, equal protection, good faith, and fairness. In the 40 years since reform and opening up, there have been significant innovations with regard to the specific systems, systemic structures, and fundamental principles of Chinese civil law. This article summarizes the experiences of China’s civil law legislation since reform and opening up and looks ahead to how the anticipated “civil law codification” suitable for the modern era will develop a modern legal code based on China’s domestic circumstances.

  • ARTICLE
    LIU Zhewei
    Frontiers of Law in China, 2021, 16(1): 142-170. https://doi.org/10.3868/s050-010-021-0008-1

    The trans-administrative regional (trans-regional) court was created as part of China’s judicial reforms in 2014. Thus far, only two trans-regional courts have been established, namely the Shanghai No. 3 and Beijing No. 4 Intermediate People’s Courts. An important reason for this slow pace is that the trans-regional court has transcended the current structural framework under the Organic Law of the People’s Courts in that (1) it is neither a specialized court that hears certain types of cases, (2) nor a local court established completely in keeping with administrative divisions. Therefore, the legal nature and status can only be clarified and justified when there is a clear definition of this new court system in the Organic Law of the People’s Courts. Several models, namely the independent set-up model, full reshuffling model and limited transformation model, have been proposed for the establishment of trans-regional courts. The most practical and efficient among these models is the limited transformation model, aiming to reconstruct the existing railway transportation courts. The trans-regional courts may have exclusive, alienage, or supplemental jurisdiction. Each form addresses particular types of special and major trans-regional cases, and other cases based on the theory of consolidation.

  • FOCUS
    LU Haina
    Frontiers of Law in China, 2021, 16(1): 1-2. https://doi.org/10.3868/s050-010-021-0001-2

  • Orginal Article
    ZHU Yan, Vadim Filimonov
    Frontiers of Law in China, 2018, 13(1): 115-136. https://doi.org/10.3868/s050-007-018-0008-5

    China and some of its trade partners in Western Europe apply different legal regimes for international carriage of goods by railway — respectively Agreement on International Railway Freight Transportation (SMGS) and Uniform Rules Concerning the Contract of International Carriage of Goods by Rail (CIM). For transportation of goods by railway between China and Western Europe both the CIM and the SMGS are often applicable. China’s initiative “the Belt and Road” promotes development of railway transport in Eurasia and creates new incentives for comparative study between those two international legal systems. This article provides a brief historical outline of comparative studies between the CIM and SMGS. This article also purports to show that some similarities and differences between the two regimes might be better understood from the perspective of comparative legal history. Taking into account inter alia the common origin of the current versions of the CIM and SMGS in the 4th revision of the CIM of 1933, differences and similarities between two legal regimes have been analysed with regard to the following topics: the scope of application of the CIM and SMGS; the nature of the carrier’s liability under the CIM and SMGS; exclusivity of the CIM, exclusivity of the contract of carriage under the SMGS; period of responsibility; persons for whom the carrier is liable.

  • ZHU Wenqi
    Frontiers of Law in China, 2008, 3(3): 325-352. https://doi.org/10.1007/s11463-008-0015-7
    Nanjing massacre is undoubtedly an outstanding event that indicates the savage acts of the Japanese soldiers during World War II, and its cruelty shocked the whole world. But up to now, there are still some people in Japan denying this period of history. The Trial by the International Military Tribunal for the Far East (“Tokyo International Tribunal”) puts the monstrous crimes committed by the Japanese militarists in record, nails their violence in Nanjing to the history’s pillar of shame for ever, and declares publicly to the later generations that such violence shall never be forgot.
  • LIU Zhiyun
    Frontiers of Law in China, 2008, 3(3): 423-454. https://doi.org/10.1007/s11463-008-0020-x
    With the fast growth of economic globalization in international economy, the liberalization-oriented lawmaking has emerged, which resulted in a preliminary orderly mechanism in the global free market, but fair value is lost in the rule making of international economic law, hence resulting in a crisis of legitimacy itself. For this subject, it is necessary to find out the theory of restructuring fair value in the dispute on the essence of justice within the contemporary theory of free capitalism, and the theory of Rawls’ plural justice offers some hints. Of course, it is also quite basic for developing countries and China to anchor their roles properly and make strategic selections in restructuring fair value of international economic law.
  • WANG Zhenmin
    Frontiers of Law in China, 2006, 1(1): 72-78. https://doi.org/10.1007/s11463-005-0005-y
    In Late Qing Dynasty, the Chinese Law Family was disintegrated and the Western Law was introduced into China. Finally, China adopted the European continental Roman law tradition. This paper analyzes the reason for China s borrowing of such legal system and probes its development and reform in the later years. It also tries to answer the question of what will be the possible impact upon the current Chinese legal system since China now implements the policy of one country two systems  in order to realize its reunification with Hong Kong, Macau and Taiwan. In addition, it will make some prediction upon the future development of Chinese legal system.
  • WANG Chuanli, DONG Gang
    Frontiers of Law in China, 2007, 2(3): 378-402. https://doi.org/10.1007/s11463-007-0018-9
    As for international direct investment, the transnational corporations are playing a leading role in the fields of international trade, international investment and international intellectual property. In theory and reality, this authors analyze the rationale of the social responsibilities taken by transnational corporations, the main problems in the social responsibilities of transnational corporations and the legislative status, and put forward the functions of the social responsibilities of transnational corporations in promotion of the legal construction of socialist market economy, the reform of the corporate governance and the development of transnational corporations in China.
  • Orginal Article
    WANG Yi
    Frontiers of Law in China, 2018, 13(3): 311-311. https://doi.org/10.3868/s050-007-018-0020-3

  • Orginal Article
    ZHANG Baosheng, YANG Ping
    Frontiers of Law in China, 2018, 13(1): 6-20. https://doi.org/10.3868/s050-007-018-0002-3

    This article analyses Chinese traditional evidence theories that have evolved over a long period of time, to explore which theory, between objectivity and relevancy, best represents the basic attribute and logical thread of evidence. These theories are considered in the context of issues arising in evidential adjudication, including: the “Mirror of Evidence,” truth, the probability of proof standard, the choice between a notion of pursuing 100-percent certainty in adjudication and that wrongful acquittals are better than wrongful convictions, and the statutory proof doctrine comparedwith the system of free proof. Finally, the article presents the framework of and methods for drafting provisions of procedural evidence of the People’s Court.

  • JIANG Bixin , LIANG Fengyun
    Frontiers of Law in China, 2008, 3(2): 165-180. https://doi.org/10.1007/s11463-008-0009-5
    Many elements of administrative law are related to real right law. The regulations on public interests concern the base of interference of public powers. The content of administrative private law is associated with the phenomenon of “Flucht in das Privatrecht”. The control of the property by the based self-ruling community is connected with indirect state administration. The rights of the property by citizens are subjective public rights. Special sacrifice and die junktimklausel are preconditions of compensation for expropriation. The register of real estate shows the interference of public right. The real right law makes rules for administrative public domain is a special example.
  • research-article
    LIU Renwen
    Frontiers of Law in China, 2008, 3(4): 477-493. https://doi.org/10.1007/s11463-008-0022-8

    There are two problems with regard to the structure of Chinese criminal law. Firstly, the crimes that are defined in the Chinese criminal code are approximately equal to the felonies that are defined in the western criminal codes, while re-education through labor and penalty for administration of public security similar to the misdemeanors and violations in western countries respectively are not included in the Chinese criminal code, and meanwhile the security measures have not been systematized. Secondly, crimes and penalties, except in criminal law, can not be prescribed in administrative laws and economic laws, and such single track system of conviction and sentencing fails to satisfy the current social situation in which the number of mala prohibia has increased so much. The way to reform Chinese criminal law structure: Firstly, it is to establish a double track system, where mala prohibia should be prescribed in the related administrative laws or economic laws; secondly, a comprehensive criminal code should be reformulated in which felonies, misdemeanors, violations and security measures are all included.

  • research-article
    ZENG Lingliang
    Frontiers of Law in China, 2009, 4(1): 1-30. https://doi.org/10.1007/s11463-009-0001-8

    Humanization is not only a new concept and value-oriented, but also an ever-increasing positive phenomena in international law. Contemporary international law has been contributing to the establishment and improvement of global peace and development order for the co-existence among States on the one hand, and making endeavors to the formation and maintenance of humanizing order,which is both “individual-oriented” and “humankind-oriented”. Such a humanizing phenomenon undoubtedly represents the advanced trend of international law, enriches its contents, updates some of its classic branches and impacts on the basic principle of reciprocity on which it is created and developed. However, the humanization of international law could not have taken shape without common accords among States by means of either treaties or customary rules; and without cooperation among States, the humanistic value of international law can never become true no matter how sublime it is.

  • research-article
    ZHANG Yuanhuang
    Frontiers of Law in China, 2009, 4(1): 31-47. https://doi.org/10.1007/s11463-009-0002-7

    Death penalty is the most effective deterrence to grave crimes, which has been the key basis for the State to retain death penalty. In fact, either in legislation or in execution, death penalty can not produce the special deterrent effect as expected. With respect to this issue, people tend to conduct normative exploration from the perspective of ordinary legal principles or the principle of human rights, which is more speculative than convincing. Correct interpretation based on the existing positive analysis and differentiation based on human nature which sifts the true from the false will not only help end the simple, repetitive and meaningless arguments regarding the basis for the existence of death penalty, but also help understand the rational nature of both the elimination and the preservation of death penalty, so as to define the basic direction towards which the State should make efforts in controlling death penalty in the context of promoting social civilization.

  • research-article
    LIN Laifan
    Frontiers of Law in China, 2015, 10(4): 657-669. https://doi.org/10.3868/s050-004-015-0036-0

    China’s project of the rule of law is destined to have its Chinese characteristics. China also needs to think about of the way of developing its own model of the rule of law so as to achieve a rule of law society that is universal in modern society. Many rule of law countries, such as England, Germany and France, started their rule of law project with their own model. China should learn from the merits of these different models. Nevertheless, China should also try to solve the key problem of the rule of law, which is the energizing of the enforcement of the Chinese Constitution.