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See Liu Nanping, Judicial Interpretation in China ( Sweet & Maxwell Asia, Hong Kong. Singapore: 1997 ), p.194.
Ibid. p. 201 and supra note 3 p. 22.
Supra note 3, p. 24.
See J. H. H. Weiler, THE CONSTITUTION OF EUROPE, (Cambridge University Press: 1999), p.3.
Cf., Fazhi yu renzhi wenti taolun ji (Mass Press, 1981).
Supra note 5, p. 195.
See: Zhang Hao, Jian Lun Fazhi and Fazhi (On Legal System and the Rule of Law), in 3 Zhongguo Faxue (Chinese Legal Science) (1993), p. 48-50.
Cf. Li Buyun, Fazhi yu Fazhi de Qubie he Lianxi (The differences and connections between legal system and the rule of law), in Wu Daying and Shen Zongling ed. Zhongguo Shehuizhuyi Falv Jiben Lilun Wenti (Basic Legal Theory of Socialism in China), Law Press, 1987, p.62-65; Yifa zhiguo Jianshe shehuizhuyi fazhi guojia , Liu Hainian, Li Buyun and Li Lin ed., (Zhongguo Fazhi Chubanshe, Beijing: 1996) pp. 558-559.
Cf., Yifa zhiguo Jianshe shehuizhuyi fazhi guojia , Liu Hainian, Li Buyun and Li Lin ed., (Zhongguo Fazhi Chubanshe, Beijing: 1996) pp. 1-5.
Cf: Beijing Review, Vol. 40, No. 40, 1997, p. 23-24.But the English translation “making it a socialist country ruled by law” was not so accurate because it did not convey the message that the development of the ideal of the rule of law has made in 20 years.
Supra note 3, p. 18.
Some scholars may contend that there has been the rule of law in ancient China, for example in the Qin Dynasty two thousand yeas ago. I think that should perhaps be called formalism rule of law but not substantive rule of law. Because the law served despotism and was inhumane as a whole, although the laws were enforced strictly.
The Analects of Confucius, (Published by Shandong Friendship Press, A Chinese-English Bilingual Edition, Translated into English by Lao An: 1992) pp. 109, 193.
Prof. Wejen Chang, Guest Professor of Peking University, in his class on Chinese Earlier Thoughts of Politics and Law at Tsinghua Law School, Beijing, September 1999.
Mencius, (Published by Shandong Friendship Press, A Chinese-English Bilingual Edition, Translated into English by Zhao Zhentao and others: 1993) pp. 349, 351.
Ibid. pp. 102.
Chang We-Jen, TRADITIONAL CHINESE LEGAL THOUGHT (Part IV), in Taida Faxue Luncong , Vol. 22, No. 1, 1993, p. 25.
Ibid. p 3.
Li（lǐ） was a comprehensive concept that included rituals, societal rules of behaviors(customary norms) and humanity as a whole in Confucianism thought. The functions of Li were adjustment and civilization. Cf., Feng Youlan, Zhouguo Zhexue Jianshi , Translated into Chinese by Tu Youguang,(Peking University Press: 1985) pp. 176-179; Ch’u T’ung-tsu, Law and Society in Traditional China, Mouton, Paris and The Hague, 1961, Ch. 6; Li Zehou, Lunyu Jin Du , (The press of Anhui Literature and Arts, 1998) pp. 42, 51; Benjamin I. Schwartz, The World of Thought in Ancient China, The Belknap Press of Harvard University Press, Cambridge, Massachusetts, 1985.
The Analects of Confucius, Bk. 2, “ Wei-cheng”, Ch.3, Translated into English by Wejen Chang at Harvard Law School, 1990, p. 22.
C,f., The Great Learning & The Doctrine of The Mean, Translated into English by He Zuokang, ( published by Sinolingua, Beijing, 1996) p. 6.
Feng Youlan, Zhouguo Zhexue Jianshi ,(Peking University Press: 1985) p. 215.
There is also some widespread usage relating to laws that govern provinces, cities, counties, and townships, villages and even law that govern families. Who are the governors? Law? Perhaps not.
Cf., N. McCormick and Weinberger, An Institutional Theory of Law ( D. Reidel Publishing Company: 1986) p. 190.
Kant said that “Humanity itself is a dignity; for man cannot be used merely as a means by any man (either by others or even by himself) but must always be treated at the same time as an end.” Cf., Immanuel Kant, The Doctrine of Virtue, Part II, of The Metaphysic of Morals (1797), §38, p. 462.
C. Geertz, Local Knowledge (Basic Books: 1983), in Liang Zhiping ed. Falv de wenhua jieshi ( Shenghuo. Dushu. Xinzhi Sanlianshudian: 1994) p. 145,171.
Naturally we think about Nazi regime as evidence of this knowledge.
Value rationality has something to do with transcendent thinking. Prof. Roberto M. Unger thought that the universality and uniformity of law were not thought as an unconditioned requirement of realization of justice and social welfare because of weakness of transcendence religion in ancient China. That thought was very important to the idea of the rule of law and Richtsstaat in the West. Cf., Roberto M. Unger, Law in Modern Society (The Free Press: 1976), p. 104.
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