Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

Building Constitutionalism in ChinaAccess to Justice and Constitutionalism in China

Building Constitutionalism in China: Access to Justice and Constitutionalism in China [A neglected aspect in the study of post-Mao Chinese legal and constitutional reform is the importance and potential of social intermediaries, the legal professions in particular, in developing China’s emerging rights-based constitutional systems. Scholars and commentators have conducted extensive studies on the supply-side of the legal system (see, for example, He Xin’s contribution to this volume), including the expansion of new legal norms and the growth and entrenchment of legal institutions (see, for example, Chen 2004a; Peerenboom 2002), but for the most part few have taken the demand-side of this system seriously. Only recently have researchers started to pay attention to the issues relating to the role of rights consciousness in legal development and the processes through which the legal profession might facilitate such rights consciousness and rights practices (see, for example, Gallagher 2006; Michelson 2008; see generally Diamant, Lubman, and O’Brien 2005).] http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

Building Constitutionalism in ChinaAccess to Justice and Constitutionalism in China

Part of the The Sciences Po Series in International Relations and Political Economy Book Series
Editors: Balme, Stéphanie; Dowdle, Michael W.
Hualing, Fu
Building Constitutionalism in China — Nov 18, 2015
Download PDF
15 pages

Loading next page...
 
/lp/springer-journals/building-constitutionalism-in-china-access-to-justice-and-87PZ0loF88
Publisher
Palgrave Macmillan US
Copyright
© Palgrave Macmillan, a division of Nature America Inc. 2009
ISBN
978-1-349-36978-2
Pages
163 –178
DOI
10.1057/9780230623958_10
Publisher site
See Chapter on Publisher Site

Abstract

[A neglected aspect in the study of post-Mao Chinese legal and constitutional reform is the importance and potential of social intermediaries, the legal professions in particular, in developing China’s emerging rights-based constitutional systems. Scholars and commentators have conducted extensive studies on the supply-side of the legal system (see, for example, He Xin’s contribution to this volume), including the expansion of new legal norms and the growth and entrenchment of legal institutions (see, for example, Chen 2004a; Peerenboom 2002), but for the most part few have taken the demand-side of this system seriously. Only recently have researchers started to pay attention to the issues relating to the role of rights consciousness in legal development and the processes through which the legal profession might facilitate such rights consciousness and rights practices (see, for example, Gallagher 2006; Michelson 2008; see generally Diamant, Lubman, and O’Brien 2005).]

Published: Nov 18, 2015

Keywords: Dispute Resolution; Chinese Communist Party; Civil Litigation; Chinese Court; Justice Assistant

There are no references for this article.