This panel investigates the changing landscape of Chinese constitutionalism from three aspects: the rise of the Supreme People’s Court in protecting property rights, the establishment of the National Supervisory Commission and the unconstitutional constitutional changes regarding market economic institutions.
Federalism and the Rights Revolution: Why Do Chinese Local Governments both Endanger and Expand Individual Land Rights?
Local governments in China are resisting and distorting the rights revolution in national law, at the core of which lies the imposition of constraints on those governments‘ eminent domain power. Meanwhile, facing national legislative gridlock, local governments experiment with such initiatives as granting farmers land development rights. Why are Chinese local governments simultaneously endangering the...
From Institutional Interaction to Institutional Integration: The National Supervisory Commission and China‘s New Anti-corruption Model
How does the establishment of the National Supervisory Commission affect China‘s capacity to curb corruption? Using published materials and fieldwork data, this article addresses this question by comparing the newly established single anti-corruption agency with the previous dual-track anti-corruption system. It firstly examines the previous system by focusing on four dimensions of the interaction between...
The Legal Logic of Chinese Economic Reform
The Chinese reform towards market economy has achieved remarkable success in the past 40 years. Yet the course of the reform experienced constitutional hurdles as the Constitution, established in 1982, held socialism, against capitalist way of production, as the central, ideological pillar that defines the Constitution. To legitimatize the reform, the authorities set out to...