Review Essay-Access to Justice in Post-Mao China: Assessing the Politics of Criminal and Administrative Law

被引:6
|
作者
Kinkel, Jonathan [1 ]
Hurst, William [2 ,3 ]
机构
[1] Univ Texas Austin, Austin, TX 78712 USA
[2] Univ Toronto, Toronto, ON M5S 1A1, Canada
[3] Univ Oxford, Oxford OX1 2JD, England
关键词
China; law; politics; sociolegal studies; rule of law; courts; criminal law; administrative law; REFORMS; LAWYERS;
D O I
10.1017/S1598240800007414
中图分类号
C [社会科学总论];
学科分类号
03 ; 0303 ;
摘要
Since the upheaval of the Cultural Revolution decade (1966-1976), post-Mao China has witnessed a sustained period of unprecedented legal reform. Criminal prosecutions and citizen lawsuits against the government, because they pit individual litigants against the authoritarian Chinese state, are two politically significant areas of law. We examine and critically assess the sociolegal scholarship on criminal and administrative legal reform as it has developed over the past few decades, with special attention to shifts in the conventional wisdom regarding legal reform and political liberalism in China and elsewhere. Additionally, we offer both theoretical and empirical suggestions for enhancing the explanatory power of sociolegal research in China.
引用
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页码:467 / 499
页数:33
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