Legal System
Since the legal reforms of the late 1970's and 1980's, the Communist Party of China (CPC) has officially moved to embrace the language of the rule of law and to establish a modern court system. In the process, it has enacted thousands of new laws and regulations, and has begun training more legal professionals. The concept of "rule of law" has been majorly implemented by the constitution, and the ruling party embarked on campaigns to promote the idea that citizens had protection under the law. At the same time, however, a fundamental contradiction exists in the constitution itself wherein the Communist Party insists that its authority supersedes that of the law; the constitution thus enshrines rule of law, yet simultaneously stresses the principle of the "leadership of the Communist Party." The judiciary is not independent, and judges face political pressure; in many instances, private party committees dictate the outcome of cases. The judicial system is therefore subject to political dependence upon the CPC, which effectively controls the judiciary through its influence. This has produced a system that is often described as "rule by law", alluding to the CPC's power, as opposed to rule of law. Moreover, the legal system lacks protections for civil rights, and often fails to uphold due process.
Read more about this topic: Political Repression In The People's Republic Of China
Famous quotes related to legal 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)