Along with the deepening of China＇s marketization-oriented reform, the widespread corruption of government officials and whether or not the fast economic growth in the last 30 years in China is sustainable have becom...Along with the deepening of China＇s marketization-oriented reform, the widespread corruption of government officials and whether or not the fast economic growth in the last 30 years in China is sustainable have become the two serious problems disturbing the Chinese government and people of all circles in China. This paper argues that something must be done in the construction of China＇s legal system and in its constitutional reform, otherwise the problems of prevalence of corruption will eventually hold back the high economic growth of China. Starting from the discussion of the differentiation of two concepts of ＂the rule by Law＂ and ＂the rule of Law,＂ this paper suggests that laws in China should be restored to their natural role as the incarnation of justice on the basis of jurisprudence reasoning, and instrumentalism, pragmatism and utilitarianism in China＇s current legal theory inherited from the traditional Chinese culture should be discarded. Otherwise, it will be impossible to restore the sacredness and authority of Law in China, and then it will take an unconscionable time to reach the state of ＂the Rule of Law＂ with constitutional democracy in China and there will be no way to tackle the problem of institutionalized corruption in the contemporary Chinese society once and for all.展开更多
文摘Along with the deepening of China＇s marketization-oriented reform, the widespread corruption of government officials and whether or not the fast economic growth in the last 30 years in China is sustainable have become the two serious problems disturbing the Chinese government and people of all circles in China. This paper argues that something must be done in the construction of China＇s legal system and in its constitutional reform, otherwise the problems of prevalence of corruption will eventually hold back the high economic growth of China. Starting from the discussion of the differentiation of two concepts of ＂the rule by Law＂ and ＂the rule of Law,＂ this paper suggests that laws in China should be restored to their natural role as the incarnation of justice on the basis of jurisprudence reasoning, and instrumentalism, pragmatism and utilitarianism in China＇s current legal theory inherited from the traditional Chinese culture should be discarded. Otherwise, it will be impossible to restore the sacredness and authority of Law in China, and then it will take an unconscionable time to reach the state of ＂the Rule of Law＂ with constitutional democracy in China and there will be no way to tackle the problem of institutionalized corruption in the contemporary Chinese society once and for all.
