Citizen and the Chinese State

This volume addresses several core questions regarding the nature of law in China and its future development. In particular these articles shed light on whether the rule of law ideal is commensurable with government based on the Chinese Communist Party. Beginning virtually from scratch China has established a comprehensive legal system that boasts a constitution primary and secondary legislation and plentiful regulations covering most areas of public and private life. Yet as these articles discuss its courts are enmeshed in Party and state hierarchies and are not empowered to directly apply constitutional principles or rights ensuring that the law is subordinate to national public policy goals. Legal and extra-legal methods for punishing wrongdoing and resolving disputes also raise questions of due process of law. Ultimately the question is therefore whether China's legal system if eschewing formalised human rights is developing a capacity to protect fundamental human dignity.