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  • Cited by 6
  • Print publication year: 2011
  • Online publication date: June 2011

1 - China

Summary

Introduction

The People's Republic of China (hereinafter China, or PRC) is the current name of the Chinese nation which has lasted for several thousand years as a country and civilisation. China is also the world's most populous country, with a population estimated at 1.34 billion in 2009. Although officially there are 56 ethnic groups in China, Han Chinese forms about 92 per cent of the population. It is also one of the largest countries in land size, in which there are tremendous disparities among regions in economic development, culture, dialects and traditions. Although the numbers of believers of the religions Buddhism, Christianity, Islam and Taoism in China are among the world's largest, they constitute nevertheless a very small portion of the Chinese population. In fact, there has never been a dominant religion that was able to convert the majority of the Chinese people.

After several decades of rapid economic growth, China is now the world's second largest economy, simultaneously the largest exporter and second largest importer in world trade. It is also a self-proclaimed socialist state governed by one political party, the Communist Party of China (CPC or Party), which took over power in 1949 after defeating the Nationalist Party in a civil war. Chinese society has undergone tremendous change since 1949, including the socialist transformation of the economy in the 1950s, the Cultural Revolution in the 1960s and 1970s, the Tiananmen Square event in 1989, the abandonment of the planned economy in favour of capitalism, the market economy and privatisation during the reform era of 1979 to the present, accession to the World Trade Organization (WTO) in 2001, and the Beijing Olympics Games in 2008.

References
Articles/Books/Reports
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Chen, J, ‘Market Economy and the Internationalization of Civil and Commercial Law in People's Republic of China’, in Jayasuriya, K (ed), Law, Capitalism and Power in Asia, Routledge, London, 1999
Chen, J, Chinese Law: Context and Transformation, Martinus Nijhoff Publishers, Leiden and Boston, 2008
Ch'u, T, Law and Society in Traditional China, Mouton & Co, Paris, 1961
Clark, D, ‘The Many Meanings of the Rule of Law’, in Jayasuriya, K (ed), Law, Capitalism and Power in Asia, Routledge, London and New York, 1999
Clarke, D, Murrell, P, and Whiting, S, ‘The Role of Law in China's Economic Development’, in Brandt, L and Rawski, T G (eds), China's Great Economic Transformation, Cambridge University Press, Cambridge, 2008
Clarke, D C, ‘Puzzling Observations in Chinese Law: When Is a Riddle Just a Mistake?’, in Hsu, C S (ed), Understanding China's Legal System: Essays in Honor of Jerome A Cohen, New York University Press, 2003
Cohen, J, ‘Body Blow for the Judiciary’ (op-ed), South China Morning Post, 18 October 2008
Cohen, J A, Lange, J E, ‘The Chinese Legal System: A Primer for Investors’, New York Law School Journal of International and Comparative Law, vol. 17, no. 2 & 3, 1997, p. 345
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Xiaoping, Deng, ‘Carry Out the Policy of Opening to the Outside World and Learn Advanced Science and Technology from Other Countries’ (10 October 1978), Selected Works of Deng Xiaoping, vol. II (1975–82), available at People's Daily Online <http://english.peopledaily.com.cn/dengxp/contents2.html>
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Peerenboom, R, China's Long March Toward Rule of Law, Cambridge University Press, Cambridge, 2002
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,Supreme People's Court of China (SPC), Work Report of the Supreme People's Court at the Second Session of the Eleventh National People's Congress, 10 March 2009
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Wang, J, ‘The Rule of Law in China: A Realistic View of the Jurisprudence, the Impact of the WTO, and the Prospect for Future Development’, Singapore Journal of Legal Studies, 2004, p. 347
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Yu, X, ‘Legal Pragmatism in the People's Republic of China’, Journal of Chinese Law, vol. 3, no. 1, 1989, p. 29
Zhao, L, ‘Zhongguo Fayuan Yu Jieshu Chuilian Duan'an’ [‘Courts in China Want to End the Practice of Holding the Court from Behind a Screen’], Nanfang Zhoumo [Southern Weekend], 15 November 2007
Zhu, J, Zhongguo Falu Fazhan Baogao – Shujuku he Zhibiao Tixi [China Legal Development Report – Databank and Assessment Criteria], Renmin Daxue Chubanshe [Renmin University Press], Beijing, 2007
Zou, K, China's Legal Reform: Towards the Rule of Law, Martinus Nijhoff Publishers, Leden and Boston, 2006
Cases
Guanyu Jiaqiang Renmin Fayuan Shenpan Gongkai Gongzuo de Ruogan Yijian [Several Opinions Concerning Strengthening the Open Trial Work of the People's Court], promulgated by the Supreme Court of China (SPC) on 4 June 2007, SPC document number: Fafa (2007) 20 Hao
Zuigao Renmin Fayuan Guanyu Shenli Xingzheng Anjian Shiyong Falv Guifan Wenti de Zuotanhui Jiyao, promulgated by the SPC on 18 May 2004, SPC document number: Fafa (2004) 96 Hao
Zuigao Renmin Fayuan Guanyu Sifa Gongkai de Liuxiang Guiding [Six Provisions of the Supreme People's Court on Judicial Transparency], promulgated by the SPC on 8 December 2009, SPC document number: Fafa (2009) 58 Hao
Zuigao Renmin Fayuan Guanyu Sifa Jieshi Gongzuo de Guiding, promulgated by the SPC on 23 March 2007, SPC document number: Fafa (2007) 12 Hao
Legislation
China's Partnership Enterprise Law (1997; Rev 2006)
Civil Procedure Law (1991; Rev 2007)
Constitution [Zhonghua Renmin Gongheguo Xianfa] (1982)
Criminal Procedure Law (1979; Rev 1996)
Law on Guarding State Secrets (1988)
Law on Judges (1995; 2001 Rev)
Law on Supervision of the Standing Committee of People's Congresses (2006)
Lawyers Law (1996; Rev 2007)
Legislation Law [Zhonghua Renmin Gongheguo Lifafa] (2000)
Organic Law of the People's Courts (1979; Rev 2006)
Organic Law of the People's Procuratorates (1979; Rev 1983)
Web materials
Chen, A H Y, ‘Legal Thought and Legal Development in the People's Republic of China 1949–2008’ (28 March 2009) Social Science Research Network <http://ssrn.com/abstract=1369782>
Clarke, D C, ‘The Chinese Legal System’ (4 July 2005) <http://docs.law.gwu.edu/facweb/dclarke/public/ChineseLegalSystem.html>
Dong, X, and Xiaoli, C, ‘Zhongguo Gaoyuan Yuanzhang Yiban Wei Dangzheng Chushen, Duoren Weizai Fayuan Gongzuo’ [‘Half of the High Court Presidents were Formally Party or Government Officials, and Many of Them Never Had Judicial Experience’] (20 July 2009) Sichuan Online/Chengdu Commercial Daily <http://news.xinhuanet.com/local/2009-07/20/content_11736366.htm>
PRC Ministry of Justice website, <http://www.moj.gov.cn/>
,State Council Information Office (SCIO), China's Efforts and Achievements in Promoting the Rule of Law (28 February 2008) Information Office of the State Council of the People's Republic of China <http://www.china.org.cn/government/whitepaper/node_7041733.htm>
Supreme People's Court <http://www.court.gov.cn/>
Wang, S, Work Report of Supreme People's Court of China (delivered at the Third Session of the Eleventh National People's Congress, 11 March 2010) The National People's Congress of the People's Republic of China <http://www.npc.gov.cn/npc/xinwen/2010–03/18/content_1564249.htm>
Work Report of the Supreme People's Court (delivered at the Second Session of the Eleventh National People's Congress, 10 March 2009) <http://lawprofessors.typepad.com/china_law_prof_blog/files/spc_work_report.html>
Wu, B, Work Report of National People's Congress Standing Committee (delivered at the Second Session of the Eleventh National People's Congress, 9 March 2009) The National People's Congress of the People's Republic of China <http://www.npc.gov.cn/englishnpc/Speeches/2009-03/16/content_1493447.htm>
Zhou, Y, ‘Shenru Guanche Luoshi Kexue Fazhanguan, Cujin Jingji Pingwen Jiaokuai Fazhan, Baozhang Shehui Gongping Zhengyi, Weihu Shehui Hexie Wending’ [‘Deeply Implement the Concept of Scientific Development, Promote Stable but Relatively Fast Economic Growth, Safeguard Social Fairness and Justice, and Maintain Social Harmonization and Stability’] (speech delivered at the National Conference on Political-Judicial Work, 17 December 2008), available at People's Daily Online <http://www.people.com.cn/>