Chapter

Institutional reform: rule of law and good governance

Randall Peerenboom

in China Modernizes

Published in print April 2008 | ISBN: 9780199226122
Published online October 2011 | e-ISBN: 9780191696183 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199226122.003.0006
Institutional reform: rule of law and good governance

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This chapter examines the institutional development in China using existing conceptual tools for describing, predicting, and assessing legal reforms in China. It aims to shed light on the various pathways and methodologies of reform to facilitate the assessment of competing strategies. It discusses general issues in comparative law and the methods used to implement the rule of law in developing countries. Case studies of particular reforms illustrate the complexity of the reform process, and the political nature of reforms. It shows the weakness of the current mechanisms and institutions in handling the rising tensions and the judiciary's lack of competence, authority, and independence to handle the controversial economic, social, and political disputes in courts.

Keywords: institutional development; legal reform; judiciary; political disputes; rule of law; comparative law

Chapter.  16670 words.  Illustrated.

Subjects: Business and Management

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