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  • Essay / Lack of rule of law in China - 2069

    Aristotle once said: “The rule of law is better than that of any individual. » The essential characteristics of the rule of law are: the supremacy of law, meaning that government and individuals are subject to the law; a concept of justice that emphasizes interpersonal judgment, based on the importance of norms and procedures; restrictions on discretion and the exercise of legislative power by the executive; independent judiciary, judicial precedent and common law methodology; prospective and non-retroactive legislation; and the underlying moral basis of the law. (Cooray) In China, the justice system is based on the rule of law, also known as the "rule of men", rather than the rule of law. In other words, the law has been an instrument of government, which stands above the law, as opposed to the supreme law. The aim of the laws here is to protect the interests of the state, not the individual, and to maintain strict social control. Chinese leaders are beginning to realize that establishing the “rule of law” is essential to China's ability to sustain its rapid economic growth. Lack of legal knowledge and transparency, the complexity of the judicial and legislative system, and deep-rooted cultural barriers in society are just some of the main reasons responsible for inadequate rule of law in China. Due to the lack of a rule of law tradition and the Chinese Communist Party's rejection of the type of liberal democratic government associated with it, its establishment faces multiple challenges. Understanding the importance of modernizing Chinese culture has had political and economic leverage, which has greatly increased reform progress toward utilizing the rule of law. Being the world's oldest major and continuous civilization...... middle of paper... ...responsibility of Chinese police. " Policing -Bradford- 20, no. 1: 113-135. British Library DocumentSupply Center Inside Serials & Conference Proceedings, EBSCOhost (accessed March 25, 2012). Wong, Kam C. 2009. Chinese Police: History and Reform. New York : Peter Lang. Wong, Kam C. 2011. “Police Accountability Reform” In Police Reform in China, by Kam C. Wong, CRC Press Wong, Kam C. 2004. “The Crisis of Police.” Police legitimacy and police law reform in China: Part I”. International Journal Of Police Science & Management 6, no. 4: 199-218. EBSCOhost (accessed March 25, 2012). Kam C. 2005. “The Police Legitimacy Crisis and Police Law Reform in China: Part II” International Journal of Police Science & Management 7, no. 1: 1-14. (accessed March 25, 2012).