Auf der Suche nach einem neuen Ideal : zu Theorie, Norm und Praxis des Rechtsstaats in der VR China
Besides establishing a legal system for the needs of economic construction, legal theory and legislation in China are extending their concern from an instrumental concept of law to a more value based notion, thus supplementing "rule by laws" by elements of the "Rechtsstaat" (rule...
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| Format: | Others |
| Language: | German |
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Universität Potsdam
1998
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| Online Access: | http://nbn-resolving.de/urn:nbn:de:kobv:517-opus-11392 http://opus.kobv.de/ubp/volltexte/2006/1139/ |
| Summary: | Besides establishing a legal system for the needs of economic construction, legal theory and legislation in China are extending their concern from an instrumental concept of law to a more value based notion, thus supplementing "rule by laws" by elements of the "Rechtsstaat" (rule of law). Whereas legal and constitutional theory take more and more bold views concerning integrating structures of checks and balances and division of powers into the legal system, urging for statutory control of the ruling party, for reforming the National People’s Congress into a responsible legislative body based on real representation of the people, providing for constitutionality of legal norms by a system of judicial review etc., legislation has started to deal with certain aspects of the Rechtsstaat in fields as administrative, criminal and criminal procedure law. In view of grave problems of implementation, this legislation may partly be regarded more to be an expression of intention to develop gradually a new ideal and a new legitimation for the political system than well established actual practice. |
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