The Rule of Law with Chinese Characteristics: An Analysis of China’s Administrative Law.

DOI: 10.5176/2251-3809_LRPP18.08

Authors: David KC Huang

Abstract:

This thesis studies the Chinese rule of law through the Qi Yu-Ling case [2001], the Pornography case [2002] and the Wei Wen-Hua case [2009]. The rule of law with Chinese characteristics aims to meet the minimum standards of the western rule of law, that is, it provides legal order in China, while ignoring the core of the rule of law, such as due process, the protection of human rights, the separation of powers, and democracy, using the justification of ‘Chinese characteristics’. Hence, this thesis finds that there are two major ‘Chinese characteristics’ of Chinese administrative law –that is, it is a legal system with rights but with no right of relief,and it has organic law but no regulatory law.

Keywords: rule of law; Chinese characteristics; right of relief; organic law; regulatory law.