Legal System
Since the legal reforms of the late 1970s and 1980s, the Chinese Communist Party (CCP) has moved to embrace the language of the rule of law and establish a modern court system. In the process, it has enacted thousands of new laws and regulations, and begun training more legal professionals. The concept of "rule of law" was enshrined in the constitution, and the CCP embarked on campaigns to publicize the idea that citizens have protection under the law. At the same time, however, a fundamental contradiction exists in the implementation of rule of law wherein the CCP insists that its authority supersedes that of the law; the constitution enshrines rule of law, but also emphasizes the principle of the "leadership of the Communist Party." The judiciary is not independent, and judges are liable to face political pressure; in many instances, private party committees dictate the outcome of cases. The judicial system therefore subject to politicization and control by the Communist Party. This has produced a system that is often described as "rule by law," rather than rule of law. Moreover, the legal system lacks protections for civil rights, and often fails to uphold due process.
Read more about this topic: Human Rights In China
Famous quotes containing the words legal system, legal and/or system:
“There are ... two minimum conditions necessary and sufficient for the existence of a legal system. On the one hand those rules of behavior which are valid according to the system’s ultimate criteria of validity must be generally obeyed, and on the other hand, its rules of recognition specifying the criteria of legal validity and its rules of change and adjudication must be effectively accepted as common public standards of official behavior by its officials.”
—H.L.A. (Herbert Lionel Adolphus)
“In ‘70 he married again, and I having, voluntarily, assumed the legal guilt of breaking my marriage contract, do cheerfully accept the legal penalty—a life of celibacy—bringing no charge against him who was my husband, save that he was not much better than the average man.”
—Jane Grey Swisshelm (1815–1884)
“Fear, coercion, punishment, are the masculine remedies for moral weakness, but statistics show their failure for centuries. Why not change the system and try the education of the moral and intellectual faculties, cheerful surroundings, inspiring influences? Everything in our present system tends to lower the physical vitality, the self-respect, the moral tone, and to harden instead of reforming the criminal.”
—Elizabeth Cady Stanton (1815–1902)