In lieu of an abstract, here is a brief excerpt of the content:

...:'.;:.: ... " . ' .' . " . . . : ."" " ':-. . ".... . . . . . . :-. . Conclusion This study, covering the longest period of political stability enjoyed by China under Communist rule (1979-1993), has argued that China has entered an age characterized by the rule of law. A highly institutionalized legal system has been built up which functions on the basis of socialist legality. The Communist regime has undergone a legal awakening in which both Party leadership and popular masses have seen that the 'rule of law' is a sound alternative to the former disastrous 'rule of persons'. Political stability secured by legal order, above all, marks off Deng Xiaoping's era from that of Mao Zedong. Despite the events of 19891 and the fact that the current system is still plagued by political arbitrariness, there will be no return to the Maoist style of lawlessness. During Deng Xiaoping's leadership, law has advanced beyond the instrumental functions of Marxist political rule. Law has increasingly been seen as a channel for economic modernization and as the sole means to resolve conflict and to regulate social order. Beginning his legal reform by introducing a highly institutionalized criminal justice system in 1980, Deng culminated his remarkable work on establishing the 'rule of law' by consolidating the basic framework for a comprehensive legal order at the Thirteenth Party Congress in October 1987. With Deng's encouragement , the study of law flourished, facilitating the socialization of law and the creation of a legal culture in China. As professionalism developed, legal theory and practice became more and more accepted in the socialist regime. 1. For a detailed discussion on the 1989 student movement and its implications for current legal reform, see Chapter Nine, 'The 1989 Student Democratic Movement: A Legal Perspective'ยท 324 Conclusion Party Ideology: Socialism Determining the Development of the Legal System Ideologically Deng's Four Cardinal Principles set the boundaries for legal order in China. In practice, however, it was the Party's conception of Chinese socialism which determined the scope and operation of the legal system. Chinese Marxism held that, at root, law was a means used by the Party leadership to advance to communism. Party supremacy, as enshrined in the 1982 Constitution, could never be challenged in the name of legality. Yet so long as the Four Cardinal Principles lacked solid substance in an era of ideological flux, there was room for manoeuvre in interpreting Chinese socialism. Here Deng's idea of 'building socialism with Chinese characteristics' held sway, prescribing the functions of law in terms of political priorities. Of these, the preservation of order was paramount. Second came the development of the socialist economy, and third was the promotion of democracy within a framework of political stability. Since the Party saw law as a function of socialism, the more liberal the vision of socialism (such as in Zhao Ziyang's 'preliminary stage', and most recently, in Jiang Zemin's 'socialist market economy'), the more the scope of law was broadened. Conversely, the more conservative the notion of socialism (such as that held by Li Peng and some veterans), the more narrow the jurisdiction of law would be. By promoting the positive value of law and bringing to an end the notion of 'two-whatevers', Deng's ideas on law had unparalleled significance in Chinese history. Deng's views on building socialism under the rule of law provided a foundation for the legal system and Marxist jurisprudence in China. In insisting on the slogans 'there must be laws for people to follow', 'the law must be observed', 'law-breakers must be dealt with', 'law enforcement must be strict', and 'all persons are equal before the law', Deng offered practical guidelines for action, not just ideological maxims. In the absence of a coherent theoretical formulation, Deng's random views could be bent in the direction of expediency, especially when one came to consider the relationship of the Party to the law and the relation of law to democracy. The Need for Theoretical Guidelines for Continuing Legal Reform In the revived legal studies, which Deng has sponsored, one detects the strong demand for a new socialist theory of law, independent of that of the former Soviet Union, upon which to base the legal system. Chinese characteristics have been stressed. It is vital here to point out that the Chinese political economy differs from that of the former Soviet Union in that it is a mixed economy operating in a more open way. This is what 'the preliminary stage of socialism' and later, 'the socialist market economy' boils down...

Share