| Through 30 years’ practice, Chinese path to the rule of law is undergoing a transition. The transition may be summarized as from the previous focus on the learning of and borrowing from western legal thoughts and systems to the present focus on the researches on and considerations of Chinese specific circumstances to settle our own problems on a self-reliance basis. This transition is mainly caused by the consensus that western style of rule of law is not suitable to China, and that Chinese path to rule of law needs institutional renovations in light of our own circumstances.Theoretically speaking, this transition has also changed the ideas concerning to the ideal pattern of rule of law, and some of the essential issues presented in the western jurisprudence have also to be reviewed. Such review has indicated that, people’s ideas about the ideal legal systems are strongly influenced by the classical western jurists who have depicted a nice picture for an ideal pattern of rule of law. This depiction does not really tally with the objective rules of legal construction and the reality of the western states. Therefore, misunderstandings of and undue reliance on western legal thoughts should be eliminated in the construction of Chinese legal system.Based upon the above analysis, this thesis puts forward some proposals about the Chinese path to the rule of law. The judiciary role in the Chinese political framework has to be properly determined. The diversity and applicability of law have to be carefully considered in China with a large population and different economic developments. The responsibility and function of judiciary should be determined and exerted properly in the background of the plurality of social governance resources and the insufficiency of judicial resources. The claims of different classes and interest groups have to be equally considered and balanced, and the social influence and effects of judicial acts should be paid attention to. The professionalization, technicalization and due process of law should be realized step by step because our economics and culture are relatively backward. The judicial power has to be properly distributed and an internal check and balance mechanism has to be put in place. Finally, a quick and appropriate response mechanism to international calls has to be established in today’s international context. |
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