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- Title
L'IMPACT INTERNATIONAL DE LA RÉFORME JURIDIQUE EN CHINE.
- Authors
Cabestan, Jean-Pierre
- Abstract
Although legal reform has allowed the gradual and relative assertion of law's independence from politics, it has yet to weaken the repressive nature of the Chinese legal system, especially with respect to criminal law and public liberties. The paradox of the Chinese legal reform during the eighties and the nineties is that its shortcomings generated then more reforms than before 1978, when the Chinese legal system was either widely politicized or inexistent. Since China joined the World Trade Organization in 2001, Western countries have increased their interactions with that country, but have also diminished their pressure on sensitive issues such as human rights violations. Meanwhile, if economic and people-to-people exchanges between China and the world have multiplied and supported increased cooperation in the legal field, many issues remain unresolved. The reform stands as incomplete and has not favoured greater independence from law, while commitments for cooperation on legal matters lack coherence and coordination. These shortcomings and the many failed hopes of reforms are likely to increase conflicts, not only between China and the outside world, but also between Chinese jurists and political leaders. Thus, despite its conservative politics, the Chinese communist regime joins in a global debate on law and human rights from which it cannot extricate itself anymore, but where it tries to reconcile its political goals with the requirements of a necessary legal modernization.
- Subjects
CHINA; LAW reform; JUSTICE administration; CRIMINAL law; WORLD Trade Organization; POLITICAL leadership
- Publication
Politique et Sociétés, 2006, Vol 25, Issue 2/3, p105
- ISSN
1203-9438
- Publication type
Article
- DOI
10.7202/015930ar