Tonghui, Qi --- "The contractual status in context of the rule of law in China: from rational regulation to virtue recognition" [2017] ELECD 1248; in Shi, Jichun (ed), "Renmin Chinese Law Review" (Edward Elgar Publishing, 2017) 1

Book Title: Renmin Chinese Law Review

Editor(s): Shi, Jichun

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781788110495

Section: Chapter 1

Section Title: The contractual status in context of the rule of law in China: from rational regulation to virtue recognition

Author(s): Tonghui, Qi

Number of pages: 24

Abstract/Description:

The essence of “the rule of law in China” is governance based on rational choice and contractual provisions, while is rational regulation is rooted in rules, although in this context of the rule of law, it still contains “status”. In the sense of “rational regulation”, the rule of law needs contracts, but it needs more “contractual status” in the sense of “virtue identity”, and we cannot replace status by contract only in accordance with the old path of “from status to contract”. Connecting with the mode of “absolute – true status” and “relative – false status”, which is built by contract and virtue, “contractual status” can provide distinction, birthright and duty for the rule of law. Keywords: rule of law; virtues; contract; status; contractual status