Li, Jiefen

Jiefen Li is a Researcher/Teaching Fellow in the Asia Institute, Department of Management, School of Business, University of Otago. She holds a Ph.D. in Chinese Studies from the University of Edinburgh.

LEGAL REFORM VERSUS THE POWER OF THE PARTY AND STATE IN THE PEOPLE’S REPUBLIC OF CHINA:
Rule of Law or Rule by Law?

2008 0-7734-4894-2
This is a case-based approach to the construction of a rule-of-law society with Chinese characteristics by the Chinese Communist Party (CCP) in an attempt to build up its political legitimacy and to fulfil its nationalistic goal to develop China into a modern state. Based on a careful analysis of policy documents, jurisprudence and interview data on legal developments in contemporary China, the study reveals the distinctive place of ‘law’ and its close relationship to ideology in CCP led system, and concludes that the current legal construction, albeit not fully in compliance with Western conception of rule of law, is a legal-rational process aimed to modernise the Party-state and society.