Wednesday, May 29, 2019
Lack of Rule of Law in China Essay -- International Law
Aristotle once stated, The rule of law is better than that of any individual. The essential characteristics of rule of law argon the supremacy of law, meaning both the organisation and individuals are subject to the law a concept of justice that emphasizes interpersonal adjudication, based on importance of standards and procedures restrictions on discretionary power and exercise of legislative power by the executive independent judiciary, judicial precedent and common law methodology prospective, not retrospective legislation and underlying moral infrastructure for law. (Cooray) In China, the justice system has been based on rule by law, also known as rule of men instead of rule of law. In other words, law has been an instrument of the government, which holds itself above the law as opposed to law being supreme. The goal of laws here are to protect the interests of the state, not the individual, and to oblige stringent social control. Chinas leaders are beginning to realize that e stablishing the rule of law is critical to Chinas ability to underpin its rapid economical growth. The lack of legal knowledge and transparency, the complex judiciary and legislative system and cultural barriers rooted deeply in society are just a few main reasons responsible for an inadequate rule of law in China. Due to the lack of tradition of rule of law and the Chinese Communist go againsty rejection of the kind of liberal democratic government associated with it faces multiple challenges in its establishment. Understanding the importance of modernizing Chinas culture has had leverage on the political and economic level have substantially increased the progress of reform towards the use of rule of law. Being the oldest continuous major world civilization... ...accountability of the Chinese police. Policing -Bradford- 20, no. 1 113-135. British Library Document Supply Centre Inside Serials & Conference Proceedings, EBSCOhost (accessed March 25, 2012).Wong, Kam C. 2009. Chi nese Policing History and Reform. New York Peter Lang.Wong, Kam C. 2011. Reform to police accountability. In guard Reform in China, by Kam C. Wong, 299-363. CRC Press.Wong, Kam C. 2004. The police legitimacy crisis and police law reform in China Part I. International Journal Of Police Science & Management 6, no. 4 199-218. Academic Search Complete, EBSCOhost (accessed March 25, 2012).Wong, Kam C. 2005. The police legitimacy crisis and police law reform in China Part II. International Journal of Police Science & Management 7, no. 1 1-14. Academic Search Complete, EBSCOhost (accessed March 25, 2012).
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