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Vortrag, Prof. Dr. LI Ling, 26. November 2014, 18:30

“Rule of law” in a Party-state – A conceptual interpretive framework of the constitutional reality of China

This  talk  introduces  a “dual  normative  system”  as  a  conceptual framework  for  the interpretation of the structural features of the Party-state and the constitutional reality of China. This framework has four components: 1) structural integration of the Party and the state; 2) reserved delegation of authority to the state; 3) bifurcation of state decision- making processes and 4) cohabitation of two normative systems: one of the Party and one of the state. This article demonstrates that the political reforms in China since 1980s have not separated the power of the Party and the state but have created an increasingly institutionalized dual normative system that is more complex, compared with the previous fused system, yet more pliable to adjustments and more open to different interpretations, including to that of the “Party-state constitutionalism”, which interprets the “rule of law” as compatible with the rule of the Party.

Dr. LI Ling joined the US-Asia Law Institute of New York University School of Law as a senior research fellow in 2010 after having obtained her doctoral degree from the Leiden University (Van Vollenhoven Institute) in the Netherlands. She also holds a position as an associate professor at
the Northwest University of Political Science and Law in China. She has done extensive research on corruption in China and published: The production of corruption in China’s courts – Judicial decision-making in a one- Party state, Law and Social Inquiry, Vol. 37, 2012, ‘Performing’ bribery
in China - Guanxi-practice, corruption with a human face, Journal of Contemporary China Vol. 20, No. 68 (2011), and “Corruption in China's Courts”, in Judicial Independence in China: Lessons for global rule of law promotion, ed. Randall Peerenboom, Cambridge University Press, 2010. Her current research focuses on the Chinese Communist Party as an institution, Chinese contemporary politics and Chinese law.


Datum:        Mittwoch, den 26. November 2014
Zeit:             18:30 Uhr
Ort:              Hörsaal SIN 1, Institut für Ostasienwissenschaften/Sinologie, Campus Altes AKH,
Spitalgasse 2, Hof 2, Eingang 2.3., 1090 Wien

Institut für Ostasienwissenschaften
Universität Wien
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