Skip to main content Accessibility help
×
Hostname: page-component-77c89778f8-m8s7h Total loading time: 0 Render date: 2024-07-16T19:32:48.564Z Has data issue: false hasContentIssue false

44 - The protection of human dignity under Chinese law

from Part IV - Legal implementation

Published online by Cambridge University Press:  05 March 2015

Perry Keller
Affiliation:
King’s College London
Marcus Düwell
Affiliation:
Universiteit Utrecht, The Netherlands
Jens Braarvig
Affiliation:
Universitetet i Oslo
Roger Brownsword
Affiliation:
King's College London
Dietmar Mieth
Affiliation:
Eberhard-Karls-Universität Tübingen, Germany
Get access

Summary

While the protection of human dignity figures prominently in the laws of the People's Republic of China, it is no simple task to reconcile contemporary liberal democratic discourse regarding human dignity with the exercise of power through law in China. Since its establishment in 1949, the government of China has determinedly rejected liberal democratic models of the state, including the constitutionalization of fundamental rights (Loughlin 2010: 47). China's rise towards the heights of global economic and political power has moreover strengthened the confidence of Chinese Communist Party (‘the Party’) leaders in their domestic model. Eschewing meaningful legal restraints on the powers of government, the Party has maintained a system of political and administrative intervention in legal outcomes (Clarke 2011).

Compared to the violent persecutions of the recent past, most notably including the Cultural Revolution unleashed in 1966 by Mao Zedong, personal freedom and security are undoubtedly much improved in China today (MacFarquhar and Schoenhals 2006). Nonetheless, the Chinese Party-state's often unrestricted use of power continues to raise vital questions about the exercise of state power and the protection of human dignity under Chinese law. Yet those concerns should not obscure the ways in which questions of human dignity are also at the forefront of current efforts to improve legal protections and remedies addressing harm to the integrity of the body and the mind. While these largely concern the prevention and redress of harmful acts of the state, they also include a widening sphere of private acts in China's fast-changing market economy. New communications technologies and services have, for example, transformed Chinese society and brought demands for more effective legal remedies for injuries to reputation and intrusions into privacy (for example, Yang et al. 2011; Wang et al. 2010: 45).

Type
Chapter
Information
The Cambridge Handbook of Human Dignity
Interdisciplinary Perspectives
, pp. 414 - 421
Publisher: Cambridge University Press
Print publication year: 2014

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Balme, S., and Dowdle, M. (eds.). 2009. Building Constitutionalism in China. New York: Palgrave MacmillanCrossRef
Balme, S., and Yang, L. 2007. ‘The Politics of Constitutional Reform in China’, Zeitschrift für Staats- und Europawissenschaften 5(3–4): 445CrossRefGoogle Scholar
Branigan, T. 2010. ‘Millions of Chinese Rural Migrants Denied Education for Their Children’, Guardian, 15 MarchGoogle Scholar
Clarke, D. 2011. ‘China's Jasmine Crackdown and the Legal System’, East Asia Forum, 26 MayGoogle Scholar
Diamant, N. 2000. ‘Re-examining the Impact of the 1950 Marriage Law’, China Quarterly No. 161: 171CrossRefGoogle Scholar
Fu, H. 2011. ‘Making Sense of the Recent Harassment and Persecution of Public Interest Lawyers in China’, East Asia Forum, 7 JuneGoogle Scholar
Fu, H., and Cullen, R. 2008. ‘Weiquan (Rights Protection) Lawyering in an Authoritarian State’, China Journal No. 59 (January): 111CrossRefGoogle Scholar
Hand, K. 2006. ‘Using Law for a Righteous Purpose: The Sun Zhigang Incident and Evolving Forms of Citizen Action in the People's Republic of China’, Columbia Journal of Transnational Law 45: 114Google Scholar
Kam, W., and Buckingham, W. 2008. ‘Is China Abolishing the Hukou System’, China Quarterly No. 195: 582Google Scholar
Kellogg, T. 2009a. ‘Constitutionalism with Chinese Characteristics? Constitutional Development and Civil Litigation in China’, International Journal of Constitutional Law 7(2): 215CrossRefGoogle Scholar
Kellogg, T. 2009b. ‘The Death of Constitutional Litigation in China?’, China Brief 9(7): 4Google Scholar
Li, D. 2010. ‘Only Protecting Rights Can Protect Stability’, Southern Metropolitan Daily (7 April, 2010) (translated at )Google Scholar
Liebman, B. 2007. ‘China's Courts: Restricted Reform’, China Quarterly No. 191: 620CrossRefGoogle Scholar
Lin, L. 2010. ‘The Rise of Rights and Protections for the Disadvantaged’, in Cai, D. and Wang, C. (eds.), China's Journey toward the Rule of Law Legal Reform, 1978–2008. Leiden: BrillGoogle Scholar
Liu, M. 2011. ‘Toward Legislation to Prevent Sexual Harassment in China: Practice and Experience’, Women's Watch China Newsletter No. 68, AprilGoogle Scholar
Loughlin, L. 2010. ‘What Is Constitutionalization?’, in Loughlin, L. and Dobner, P. (eds.), The Twilight of Constitutional Law: Demise or Transmutation?. Oxford University PressGoogle Scholar
MacFarquhar, R., and Schoenhals, M. 2006. Mao's Last Revolution. Cambridge, MA: Harvard University PressGoogle Scholar
McConville, M. 2011. Criminal Justice in China: An Empirical Inquiry. Cheltenham, Northampton: Edward ElgarCrossRefGoogle Scholar
McGregor, R. 2010. The Party: the Secret World of China's Communist Rulers. London: Allen LaneGoogle Scholar
Minzner, C. 2011. ‘China's Turn Against Law’, American Journal of Comparative Law 59(Fall): 935–84CrossRefGoogle Scholar
Pils, E. 2005. ‘Land Disputes, Rights Assertion, and Social Unrest In China: A Case from Sichuan’, Columbia Journal of Asian Law 19(Spring): 235–94
Sapio, F. 2008. ‘Shuanggui and Extralegal Detention in China’, China Information 22: 7CrossRefGoogle Scholar
Tong, Z. 2010. ‘A Comment on the Rise and Fall of the Supreme People's Court's Reply to Qi Yuling's Case’, Suffolk University Law Review 3: 669Google Scholar
Wang, F. et al. 2010. ‘A Study of the Human Flesh Search Engine: Crowd-Powered Expansion of Online Knowledge’, IEEE Computer (August): 445Google Scholar
Wu, X., and Treiman, D. 2007. ‘Inequality and Equality under Chinese Socialism’, American Journal of Sociology 113(2): 415CrossRefGoogle Scholar
Yang, L. et al. 2011. Guide to the Application of the Tort Liability Law in Cases Involving Chinese Media. Renmin UniversityGoogle Scholar
Yu, J., and Mosher, S. 2010. ‘From Tool of Political Struggle to Means of Social Governance: The Two Stages of the Re-education Through Labour System’, China Perspectives No. 82Google Scholar
Zhang, L. 2009. ‘The Latest Developments in the Codification of Chinese Civil Law’, Tulane Law Review 93: 999Google Scholar
Zhu, G. 2010a. ‘Constitutional Review in China: An Unaccomplished Project or a Mirage?’, Suffolk University Law Review 43(3): 625Google Scholar
Zhu, S. 2010b. ‘The Party and the Courts’, in Peerenboom, R. (ed.), Judicial Independence in China: Lessons for Global Rule of Law Promotion. Cambridge University PressGoogle Scholar

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

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 Dropbox.

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.

Available formats
×