Constitutional/Administrative Law: Legal Systems- China

You should write 650-700 words for each question. All the questions are focused on the legal system of People’s Republic of China.

1. Concept of judicial independence

Critically assess to what extent, if at all, Chinese courts are independent from the government AND if it is the best interest of the ruling Communist Party to develop a fair, professional and independent judiciary in China.” (800 words)
a. Was judicial independence infringed in the case of Judge Li Huijuan? Specify all possible ways in which judicial independence may be in undermined in China
b. Can there be judicial independence under the doctrine of the ‘Three Supremes’ (1. Supremacy of the Communist Party 2. Supremacy of the interest of the people 3. Supremacy of the Constitution)?

2. Concept of the enforceability of the constitution
The decision of the Supreme People’s Court to to revoke its Reply in Qi Yuling v Chen Xiaoqi v Others sends an unambiguous message that the PRC constitution is not legally enforceable and that it is not intended to be legally enforceable.

Critically assess to what extent, if at all, provisions on the citizens’ rights in the Constitution (or xianfa) of the People’s Republic of China are enforceable.

3. Concept of Imperial Chinese legal system

“Maintaining political order, rather than protecting individual rights, is the central feature of the traditional Chinese legal system”

Discuss this statement in light of the two main schools of legal philosophy (Confucianism and Legalism) in Chinese legal history. 

4. Concept of conflict of laws

a. “Local courts in China do not have the authority to declare invalid regulations enacted by the local people’s congresses that contravene national legislation; the Supreme People’s Court does, however, have that power.”
b. “The Chinese legal system has so far failed to develop institutions and mechanisms that can effectively address the deep-rooted problem of legislative inconsistencies.”

Discuss both statements.

You should:

1. Start each question with a statement about your view (50 words) and then; 
2. Use 3 – 4 major points (each point in a separated paragraph) to support your arguments. (150 – 200 words for each paragraph).

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