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2 - The Essence of Modern Rule of Law

Published online by Cambridge University Press:  24 February 2022

Weidong Ji
Affiliation:
Shanghai Jiao Tong University, China
Xi Lin
Affiliation:
Fudan University, Shanghai
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Summary

The construction of the rule-of-law order (Rechtsordnung) has importance in defining the future development of China. For one thing, China will embrace a structure of social pluralism on the basis of its market reform and internationalization of the late twentieth century – a structure where social integration cannot be achieved via naked power or a strong authoritarian hand. It is of necessity that power is restrained to an appropriate degree. In addition, a new authority should be established to serve as the core to build social consensus and coordinate actions. By the way of comparison, the institutional design of a modern rule-of-law state (Rechtsstaat) can as much prevent power from encroaching upon liberty and autonomy as establish a uniform system of norms for a multilayered, pluralized society. At the level of value commitment, it legitimates the whole system, which is fundamental for us to call attention to when considering the reconfiguration of power structure or of the system of authority.

Type
Chapter
Information
Towards the Rule of Law in China
Social Diversification and the Power System
, pp. 34 - 63
Publisher: Cambridge University Press
Print publication year: 2022

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  • The Essence of Modern Rule of Law
  • Weidong Ji, Shanghai Jiao Tong University, China
  • Translated by Xi Lin, Fudan University, Shanghai
  • Book: Towards the Rule of Law in China
  • Online publication: 24 February 2022
  • Chapter DOI: https://doi.org/10.1017/9781108687904.004
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  • The Essence of Modern Rule of Law
  • Weidong Ji, Shanghai Jiao Tong University, China
  • Translated by Xi Lin, Fudan University, Shanghai
  • Book: Towards the Rule of Law in China
  • Online publication: 24 February 2022
  • Chapter DOI: https://doi.org/10.1017/9781108687904.004
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The Essence of Modern Rule of Law
  • Weidong Ji, Shanghai Jiao Tong University, China
  • Translated by Xi Lin, Fudan University, Shanghai
  • Book: Towards the Rule of Law in China
  • Online publication: 24 February 2022
  • Chapter DOI: https://doi.org/10.1017/9781108687904.004
Available formats
×