China's constitutionalist option

Journal of Democracy

Volumn 7, Issue 4, 1996, Pages

  Nathan, Andrew J ^a  

^a Och Spine at New York Presbyterian Hospitals

Author keywords

[No Author keywords available]

Indexed keywords

EID: 1842536020     PISSN: 10455736     EISSN: None     Source Type: Journal    
DOI: 10.1353/jod.1996.0069     Document Type: Article

References (27)

1. Besides some of my own writings, see Arthur Waldron, "China's Coming Constitutional Challenges," Orbis 39 (Winter 1995): 26. A longer and more fully referenced version of the present essay will appear in a book on consolidating the third-wave democracies edited by Larry Diamond, Marc F. Plattner, Yun-han Chu, and Hung-mao Tien (forthcoming in 1997 from Johns Hopkins University Press).
2. Much of the information presented here was gleaned from seminar meetings and papers from a three-year study project on "China and Constitutionalism" conducted at Columbia University from 1992 to 1995. The project was supported by the Henry Luce Foundation, the National Endowment for Democracy, and the United Daily News Foundation. A series of papers from the project is being published over the course of several years in the Journal of Asian Law (formerly Journal of Chinese Law), starting with the Spring 1995 issue.
3. Official English translation published in Beijing Review, 27 December 1982, 10-29.
4. This section draws chiefly on Cai Dingjian, Zhongguo renda zhidu (The Chinese people's congress system) (Beijing: Shehui kexue wenxian chubanshe, 1992); Cang Lin, "Zhongguo lifa gaige de jige wenti" (Several issues in the reform of China's legislation), working paper, China and Constitutionalism Project, Columbia University, Spring 1995; Cao Siyuan, Siyuan wenxuan (Selected works of [Cao] Siyuan) (Beijing: Jingji ribao chubanshe, 1995); and Kevin J. O'Brien, Reform Without Liberalization: China's National People's Congress and the Politics of Institutional Change (New York: Cambridge University Press, 1990), ch. 7.
5. This section draws chiefly on Cai Dingjian, Zhongguo renda zhidu (The Chinese people's congress system) (Beijing: Shehui kexue wenxian chubanshe, 1992); Cang Lin, "Zhongguo lifa gaige de jige wenti" (Several issues in the reform of China's legislation), working paper, China and Constitutionalism Project, Columbia University, Spring 1995; Cao Siyuan, Siyuan wenxuan (Selected works of [Cao] Siyuan) (Beijing: Jingji ribao chubanshe, 1995); and Kevin J. O'Brien, Reform Without Liberalization: China's National People's Congress and the Politics of Institutional Change (New York: Cambridge University Press, 1990), ch. 7.
6. This section draws chiefly on Cai Dingjian, Zhongguo renda zhidu (The Chinese people's congress system) (Beijing: Shehui kexue wenxian chubanshe, 1992); Cang Lin, "Zhongguo lifa gaige de jige wenti" (Several issues in the reform of China's legislation), working paper, China and Constitutionalism Project, Columbia University, Spring 1995; Cao Siyuan, Siyuan wenxuan (Selected works of [Cao] Siyuan) (Beijing: Jingji ribao chubanshe, 1995); and Kevin J. O'Brien, Reform Without Liberalization: China's National People's Congress and the Politics of Institutional Change (New York: Cambridge University Press, 1990), ch. 7.
7. This section draws chiefly on Cai Dingjian, Zhongguo renda zhidu (The Chinese people's congress system) (Beijing: Shehui kexue wenxian chubanshe, 1992); Cang Lin, "Zhongguo lifa gaige de jige wenti" (Several issues in the reform of China's legislation), working paper, China and Constitutionalism Project, Columbia University, Spring 1995; Cao Siyuan, Siyuan wenxuan (Selected works of [Cao] Siyuan) (Beijing: Jingji ribao chubanshe, 1995); and Kevin J. O'Brien, Reform Without Liberalization: China's National People's Congress and the Politics of Institutional Change (New York: Cambridge University Press, 1990), ch. 7.
8. This section is based chiefly on Li Lin, "Zhongguo xianfa yanjiu de xianzhuang yu zhanwang" (The situation and prospects of constitutional research in China), working paper, China and Constitutionalism Project, Columbia University, April 1994, 12-16; Cang Lin, "Zhongguo lifa gaige," 21ff.; and Wang Liqun, "Zhongguo xuanju zhidu de juxian jiqi wanshan" (The limitations of China's electoral system and its improvement), Renda yanjiu (NPC studies) 11 (1992): 8-12.
9. This section is based chiefly on Li Lin, "Zhongguo xianfa yanjiu de xianzhuang yu zhanwang" (The situation and prospects of constitutional research in China), working paper, China and Constitutionalism Project, Columbia University, April 1994, 12-16; Cang Lin, "Zhongguo lifa gaige," 21ff.; and Wang Liqun, "Zhongguo xuanju zhidu de juxian jiqi wanshan" (The limitations of China's electoral system and its improvement), Renda yanjiu (NPC studies) 11 (1992): 8-12.
10. This section is based chiefly on Li Lin, "Zhongguo xianfa yanjiu de xianzhuang yu zhanwang" (The situation and prospects of constitutional research in China), working paper, China and Constitutionalism Project, Columbia University, April 1994, 12-16; Cang Lin, "Zhongguo lifa gaige," 21ff.; and Wang Liqun, "Zhongguo xuanju zhidu de juxian jiqi wanshan" (The limitations of China's electoral system and its improvement), Renda yanjiu (NPC studies) 11 (1992): 8-12.
11. This section draws chiefly on Tao Ren, "Zhongguo de xianfa jiandu he xianfa jieshi" (Constitutional supervision and interpretation in China), working paper, China and Constitutionalism Project, Columbia University, Spring 1994. See also Susan Finder, "The Supreme People's Court of the People's Republic of China," Journal of Chinese Law 7 (Fall 1993): 164-90; and Anthony R. Dicks, "Compartmentalized Law and Judicial Restraint: An Inductive View of Some Jurisdictional Barriers to Reform," China Quarterly 141 (March 1995): 82-109.
12. This section draws chiefly on Tao Ren, "Zhongguo de xianfa jiandu he xianfa jieshi" (Constitutional supervision and interpretation in China), working paper, China and Constitutionalism Project, Columbia University, Spring 1994. See also Susan Finder, "The Supreme People's Court of the People's Republic of China," Journal of Chinese Law 7 (Fall 1993): 164-90; and Anthony R. Dicks, "Compartmentalized Law and Judicial Restraint: An Inductive View of Some Jurisdictional Barriers to Reform," China Quarterly 141 (March 1995): 82-109.
13. This section draws chiefly on Tao Ren, "Zhongguo de xianfa jiandu he xianfa jieshi" (Constitutional supervision and interpretation in China), working paper, China and Constitutionalism Project, Columbia University, Spring 1994. See also Susan Finder, "The Supreme People's Court of the People's Republic of China," Journal of Chinese Law 7 (Fall 1993): 164-90; and Anthony R. Dicks, "Compartmentalized Law and Judicial Restraint: An Inductive View of Some Jurisdictional Barriers to Reform," China Quarterly 141 (March 1995): 82-109.
14. In 1989, some NPC deputies submitted a proposal to establish such a committee to help the Standing Committee review constitutional issues; it was never listed on the agenda of the session. Renmin ribao (People's daily), overseas edition, 30 October 1989, 1.
15. This section is based chiefly on Qiang Zhou, "Judicial Independence in China," working paper, China and Constitutionalism Project, Columbia University, Spring 1995. See also Shao-chuan Leng and Hungdah Chiu, Criminal Justice in Post-Mao China: Analysis and Documents (Albany: State University of New York Press, 1985); Donald C. Clarke, "The Execution of Civil Judgments in China," China Quarterly 141 (March 1995): 65-81; and Finder, "Supreme People's Court," 145-224.
16. This section is based chiefly on Qiang Zhou, "Judicial Independence in China," working paper, China and Constitutionalism Project, Columbia University, Spring 1995. See also Shao-chuan Leng and Hungdah Chiu, Criminal Justice in Post-Mao China: Analysis and Documents (Albany: State University of New York Press, 1985); Donald C. Clarke, "The Execution of Civil Judgments in China," China Quarterly 141 (March 1995): 65-81; and Finder, "Supreme People's Court," 145-224.
17. This section is based chiefly on Qiang Zhou, "Judicial Independence in China," working paper, China and Constitutionalism Project, Columbia University, Spring 1995. See also Shao-chuan Leng and Hungdah Chiu, Criminal Justice in Post-Mao China: Analysis and Documents (Albany: State University of New York Press, 1985); Donald C. Clarke, "The Execution of Civil Judgments in China," China Quarterly 141 (March 1995): 65-81; and Finder, "Supreme People's Court," 145-224.
18. This section is based chiefly on Qiang Zhou, "Judicial Independence in China," working paper, China and Constitutionalism Project, Columbia University, Spring 1995. See also Shao-chuan Leng and Hungdah Chiu, Criminal Justice in Post-Mao China: Analysis and Documents (Albany: State University of New York Press, 1985); Donald C. Clarke, "The Execution of Civil Judgments in China," China Quarterly 141 (March 1995): 65-81; and Finder, "Supreme People's Court," 145-224.
19. Peng Chong, report on behalf of the NPC Standing Committee to the full NPC, 28 March 1989, in Zhonghua renmin gongheguo quanguo renmin daibiao dahui changwu weiyuanhui gongbao (Gazette of the Standing Committee of the PRC National People's Congress), 5 May 1989, 108.
20. "The PRC Law on Judges," Foreign Broadcast Information Service (FBIS), Daily Report: China, 21 March 1995, 32-37.
21. This section draws on interviews with participants in the Constitutionalism and China Project and on Li Lin, "Zhongguo xianfa yanjiu."
22. Gong Xiangrui, "Zhongguo xuyao shenme yang de xianfa lilun" (What kind of constitutional theory does China need?), Faxue (Law science monthly), 10 April 1989, 6.
23. Albert H.Y. Chen, "Developing Theories of Rights and Human Rights in China," in Raymond Wacks, ed., Hong Kong, China and 1997: Essays in Legal Theory (Hong Kong: Hong Kong University Press, 1993), 123-49.
24. See Jeremy T. Paltiel, "Civil-Military Relations in China: An Obstacle to Constitutionalism?" Journal of Chinese Law 9 (Spring 1995): 35-65.
25. Yan Jiaqi, Lianbang Zhongguo gouxiang (A conception for a federal China) (Hong Kong: Mingbao chuban she, 1992).
26. Carol Lee Hamrin and Suisheng Zhao, eds., Decision-Making in Deng's China: Perspectives from Insiders (Armonk, N.Y.: M.E. Sharpe, 1995), xxi-xlviii.
27. Du Gangjian, "Cong zhuanzheng dao xianzheng" (From dictatorship to constitutionalism), Zhejiang xuekan (Zhejiang journal) 3 (1992): 39.