(Pix © Larry Catá Backer 2015)
It was my great honor to have been invited to participate in an upcoming conference hosted by the Chinese Academy of Social Sciences (CASS) and
organized by the CASS Institute of Law to take place 11-12 December 2015 in Beijing: International Conference on the “Rule
of Law and Judicial Reform” (中国社会科学院以及社科院法学所主办的2015年12月11-12日“法治与司法改革”国际学术会议).
The conference program follows along with the PowerPoints, in English and Chinese, of my presentation: Rule of Law, the Chinese Communist Party Basic Line, and Judicial Reform (法治，中国共产党基本路线原则，以及司法改革)
Rule of Law, the Chinese Communist Party Basic Line, and Judicial Reform
法治，中国共产党基本路线原则，以及司法改革
Larry Catá Backer (白柯)
Paper prepared for International Conference on the “Rule of Law and Judicial Reform” held in Beijing on 11th and 12th December 2015, sponsored by the Chinese Academy of Social Sciences (CASS) and organized by the CASS Institute of Law
本文为由中国社会科学院以及社科院法学所主办的2015年12月11-12日“法治与司法改革”国际学术会议所做
Abstract: There has been much debate about rule of law with respect to its definition and application. It is impossible, however, to appreciate the context in which rule of law acquires its meaning without a careful attention to the political system within which it necessarily operates. This paper considers the specific context in which the concept of socialist rule of law has arisen in China. To that end it is necessary to place the rule of law within the normative framework of the political order of the Chinese state. To that end this paper first considers the emergence of the current understanding of the rule of law as an integral part of the objective of socialist modernization and the development of socialist democracy, culture and society. Once contextualized within this basic line of the Chinese Communist Party, the application of the rule of law within the efforts to reform the judicial function may be better evaluated. The paper begins with an analysis of the evolution of the rule of law concept as an integral part of the CCP Basic Line. To that end it considers rule of law and judicial reform through the lens of the Resolution of the 4th Plenum of the 18th Party Congress. It then considers the means chosen to implement rule of law within the judicial structures of China both within the CCP itself and in the state organs, including the Judicial department of the state. The paper ends with an evaluation of the current state and offers thoughts on how to build from that foundation.
摘要： 有关法治的含义及其实施的讨论不胜枚举。而对于法治概念的理解是无法离开对其所实施环境下的政治体制进行仔细研究。本文认为法治观念已在中国萌生，因而有 必要将法治置于中国的政治秩序体制之中。首先，本文将探讨正在形成的法治观认为法治已经融入到推动社会主义现代化，发展社会主义民主，社会以及文化的进程 中。只有将其置于中国共产党的基本路线，原则下，才能真正通过司法改革来实施法治。本文将分析法治观念的形成与党的基本路线是相融合的。十八届四中全会关 于全面推进依法治国若干重大问题的决定为此提供了极佳的范本。其次，本文将讨论中国通过共产党和国家司法系统共同推行法治。本文最终将对当下改革进行评述 并给出建议。
POWERPOINT:CHINESE 法治 党的路线和司法改革 rule of law
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CONFERENCE AGENDA
December 11, 2015 (Friday)08:50 RegistrationVenue: CASS Law Institute (No.15, Shatan Beijie)09:00-09:30 Opening CeremonyChairperson: Prof. Mo Jihong, Deputy Director of CASS Law InstituteSpeeches (10 minutes for each speech)
Speaker 2: Prof. Benjamin L. Liebman，Director of Center for Chinese Legal Studies, Columbia Law School, USASpeaker 3: Prof. Li Lin, CASS Member and Director of CASS Law Institute09:30-09:45 Tea Break09:45-12:00 Unit 1: Keynote SpeechesChairperson: Prof. Zhou Hanhua, Assistant Director of CASS Law InstituteTopic: To be confirmedSpeaker 2: Prof. Simon Deakin Francis, University of CambridgeTopic: Law, Trust, and Institutional Variation in China: Evidence from Qualitative Fieldwork
Speaker 3: Prof. Shen Guoming, Vice Chairman, Shanghai Federation of Social Science AssociationsTopic: To be confirmedSpeaker 4: Professor Simon Evans, Pro Vice-Chancellor (International), University of MelbourneTopic: The Role and Function of the Judiciary and Contemporary Challenges to the Rule of Law in AustraliaSpeaker 5: Prof. Mo Jihong, Deputy Director of CASS Law InstituteTopic: To be confirmedComments and Discussion12:00-13:30 Lunch
13:30-15:15 Unit 2: New Development of the Rule of Law in Different CountriesModerators: Prof. Li Zhong, CASS Law InstituteProf. Benjamin L. Liebman，Director of Center for Chinese Legal Studies, Columbia Law School, USASpeaker 1: Prof. Yoshiki Kurumisawa, Dean of Law School, Waseda University, Waseda University, JapanTopic: Crisis of Rule of Law in Japan – Unconstitutional Legislation for Peace and SecuritySpeaker 2: Prof. Ignazio Castellucci, University of Trento, ItalyTopic: Supervision v. Checks & Balances: Competing or Cooperating?Speaker 3: Prof. Seong Woo Ji, Head Professor/Law School, Dean/ School of Public Policy, Sungkyunkwan University, South KoreaTopic: Challenge and Response of the Korean Personal Information Protection Act in the Era of IoT (Internet of Things)Speaker 4: Associate Prof. Karin Buhmann, Copenhagen Business SchoolTopic: Rule of Law and Administrative Law: A European perspective based on guidance from the Council of EuropeSpeaker 5: Sevalnev Viacheslav, senior researcher, the Institute of the Legislation and Comparative Law under the Government of the Russian FederationTopic: The legislative problems of the conflict of interests definitionComments and Discussion15:15-15:30 Tea Break15:30-17:30 Unit 3: the Rule of Law and Judicial ReformModerators: Prof. Xiong Qiuhong, CASS Law InstituteProf. Simon Deakin Francis, University of CambridgeSpeaker 1: Mr. He Xiaorong, member of the Adjudication Committee and President of the Administrative Division, the Supreme People’s CourtTopic: To be confirmedSpeaker 2: Prof. Ma Huaide, Vice President of China University of Political Science and LawTopic: Judicial Reform and the New Chinese Administrative Litigation LawSpeaker 3: Prof. Benjamin L. Liebman, Director of Center for Chinese Legal Studies, Columbia Law School, USATopic: How US courts build public confidence and recent innovations in access to justice in the USSpeaker 4: Prof. Wang Minyuan, CASS Law InstituteTopic: Judicial Reform and Exclusion of Illegal EvidenceSpeaker 5: Prof. Larry Backer, Pennsylvania State UniversityTopic: Rule of Law, the Chinese Communist Party Basic Line, and Judicial ReformSpeaker 6: Prof. Shi Pengpeng, China University of Political Science and LawTopic: Juridical Logic and Institutional Design of the System of Leniency to Those Who Plead Guilty and Accept PunishmentComments and Discussion17:40 DinnerDecember 12 (Saturday)9:00-10:40 Unit 4: Judicial System from the Perspective of Comparative LawModerators: Prof. Liu Renwen, CASS Law InstituteProf. Yoshiki Kurumisawa, Dean of Law School, Waseda UniversitySpeaker 1: Prof. Xiong Qiuhong, CASS Law InstituteTopic: Judge’s Responsibility System in the Chinese ContextSpeaker 2: Prof. Kimmo Nuotio, Dean of Law Faculty, Helsinki UniversityTopic: Building rule of law: the paradox of lawSpeaker 3: Prof. Tian He, CASS Law InstituteTopic: To be confirmedSpeaker 4: Prof. Alexandra Beth Carter, Columbia Law School, USATopic: Mediation: Defining Characteristics and Mediator Qualifications" and the second "Mediation: Role of Attorneys and Enforceability of AgreementsSpeaker 5: Prof. Surya Deva, Associate Editor-in-Chief, Business and Human Rights Journal (CUP), School of Law, City University of Hong KongTopic: The Role of Public Interest Litigation in Promoting the Rule of Law in China: Lessons from Indian ExperiencesSpeaker 6: Mr. Piotr Grzebyk, Assistant Professor, University of Warsaw, assistant of Justice in the Supreme CourtTopic: Justifications of the right to strike: from the rule of force to the rule of law10:40-10:50 Tea Break
10:50-12:30 Unit 5: the Rule of Law and Economic and Social DevelopmentModerators: Prof. Liu Zuoxiang, CASS Law InstituteProf. Simon Evans, Pro Vice-Chancellor (International), University of MelbourneSpeaker 1: Prof. Li Mingde, CASS Law InstituteTopic: Judicial Reform and Intellectual Property CourtSpeaker 2: Prof. Danilo de Araujo, Sao Paulo Law School, BrazilTopic: The Brazilian Capital Markets Regulation Field (Capital Markets, Financial Markets, Securities, MarketsSpeaker 3: Ms. Beryl Philine ter Haar, Assistant professor at the Amsterdam Law School, University of AmsterdamTopic: Compliance with fundamental social rights: an onion to peelSpeaker 4: Mr. Neysun A. Mhboubi Researcher, University of Pennsylvania, Visiting scholar of Law School of Peking UniversityTopic: Revision of the Administrative Litigation Law in China: from the Perspective of Comparative LawSpeaker 5: Mr. Zhang Kangle, Doctor Candidate, Helsinki UniversityTopic: When Public Participation Encounters Public/Private Dichotomy: A Legal Theoretical Approach to Rule of LawComments and Discussion12:30-12:45 Closing CeremonyChairperson: Prof. Xie Zengyi, Head of Research Administration and Foreign Affairs Department, CASS Law InstituteSpeakers:1. Prof. Yoshiki Kurumisawa, Dean of Law School, Waseda University2. Prof. Kimmo Nuotio, Dean of Law Faculty, Helsinki University3. Prof. Chen Su, Deputy Director, CASS Law Institute12:45 Lunch
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