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THE CHINESE MODEL OF THE RULE OF LAW

THE CHINESE MODEL OF THE RULE OF LAW
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摘要 China's project of the rule of law is destined to have its Chinese characteristics. China also needs to think about of the way of developing its own model of the rule of law so as to achieve a rule of law society that is universal in modern society. Many rule of law countries, such as England, Germany and France, started their rule of law project with their own model. China should learn from the merits of these different models. Nevertheless, China should also try to solve the key problem of the rule of law, which is the energizing of the enforcement of the Chinese Constitution. China's project of the rule of law is destined to have its Chinese characteristics. China also needs to think about of the way of developing its own model of the rule of law so as to achieve a rule of law society that is universal in modern society. Many rule of law countries, such as England, Germany and France, started their rule of law project with their own model. China should learn from the merits of these different models. Nevertheless, China should also try to solve the key problem of the rule of law, which is the energizing of the enforcement of the Chinese Constitution.
作者 LIN Laifan
机构地区 School of Law
出处 《Frontiers of Law in China-Selected Publications from Chinese Universities》 2015年第4期657-669,共13页 中国高等学校学术文摘·法学(英文版)
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参考文献20

  • 1As to reflecting on the theories of legal transplantation and the difficulties of modernization of legal system, please refer to GAO Hongjun.
  • 2Legal Transplant." Metaphor, Paradigm and New Trends in the Age of Globalization), 4.
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  • 7As to the criticism of French administrative courts from Dicey, please see fn. 5, at 380-401.
  • 8regarding the development of French administrative courts and their pros and cons, please refer to ZHANG L.
  • 9Contemporary French Public Law -- Institutions, Theories and Cases), China University of Political Science and Law Press (Beijing), at 255 (2013).
  • 10Since Mr. Sun Yat-sen put forth the Three Principles of the People, minsheng has been the key point of Chinese legal and political issues. Please refer to ZHANG Yuanruo.

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