"Preface" [2014] ELECD 348; in Shi, Jichun (ed), "Renmin Chinese Law Review" (Edward Elgar Publishing, 2014) viii

Book Title: Renmin Chinese Law Review

Editor(s): Shi, Jichun

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781783473786

Section Title: Preface

Number of pages: 1

Extract:

Preface
This second volume continues to aim at reflecting the situation of the
study of Chinese law and the reality of Chinese legality within the social
context. As a developing country, China faces new challenges in the areas
of human rights, the innovation of social governance and the improve-
ment of the market economic system, and thus an increasingly `modern'
and complicated economic and social reality. In this context, it is difficult
for the current legal system to fulfill the new needs.
The empirical study of the judicial suggestion in this volume probably
represents the first time that the practice in China has been introduced to the
world. China adopts the concept of the division between administration and
judiciary in the continental law system. A court may find some government
policies, measures and actions improper, but it has no authority to correct
these directly. Thus the court may write to certain government or relevant
organizations to point out the problem, state reasons, cite principles of laws,
and offer ways to make corrections through the law. These actions are not
binding but often have an effect.
`Well fed, well bred'. Now China is getting richer; meanwhile there is
an increasing awareness of human rights and scholars are more concerned
about human rights protection. The authors highlight the following issues
in criminal law: the exception of favorable retroactivity, the difficulty of
making a distinction between an amplified interpretation and application
by analogy, the expropriation of property, and fair sentencing.
With the development ...