The Rule of Law in China: A Realistic View of the Jurisprudence, the Impact of the WTO, and the Prospects for Future Development

Singapore Journal of Legal Studies, pp. 347–389, 2004

43 Pages Posted: 10 Apr 2006

See all articles by Jiangyu Wang

Jiangyu Wang

City University of Hong Kong (CityU) - Centre for Chinese & Comparative Law

Abstract

The construction of the rule of law in China has become an international concern. This article discusses the impact of WTO accession on China's legal reform in the context of the rule of law jurisprudence. It discusses the "thin" / "thick" theories of the rule of law, arguing that the Lon Fuller's "thin" theory of the rule of law is a suitable model in the Chinese context. It sees that the "thin" version creates possibilities for the realization of any "thick" theories of the rule of law, including a liberal democratic version, albeit a sudden jump to this "thick" version is neither pragmatic nor even possible. China's urgent task at this stage is to build the requisite institutions to facilitate the establishment of a "thin" rule of law. Compliance with WTO obligations can directly help achieve this goal in terms of transparency, impartial application of laws, and judicial review.

Keywords: Jurisprudence, rule of law, China, transition countries, WTO, Legal reform

JEL Classification: K10, K11, K41, N70, N75

Suggested Citation

Wang, JiangYu, The Rule of Law in China: A Realistic View of the Jurisprudence, the Impact of the WTO, and the Prospects for Future Development. Singapore Journal of Legal Studies, pp. 347–389, 2004, Available at SSRN: https://ssrn.com/abstract=895809

JiangYu Wang (Contact Author)

City University of Hong Kong (CityU) - Centre for Chinese & Comparative Law ( email )

83 Tat Chee Avenue
Room P5300, 5th Floor, Academic 1
Kowloon Tong
Hong Kong
34427026 (Phone)

HOME PAGE: http://www.cityu.edu.hk/slw/people/people_wang_jiangyu.html

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