May 27, 2010 | Lead Articles, Number 3, Print Edition, Volume 43
SYMPOSIUM: CONSTITUTIONAL REVIEW IN CHINA Nulla poena sine lege is a fundamental principle of criminal law. Its application is closely related to a basic understanding of criminal justice and separation of powers. The 1997 Chinese Criminal Law adopts a modified...
May 27, 2010 | Lead Articles, Number 3, Print Edition, Volume 43
SYMPOSIUM: CONSTITUTIONAL REVIEW IN CHINA A general perception exists that constitutional review is not a part of modern Chinese jurisprudence. That view is mistaken. The aim of this essay is to show that, while substantial constitutional change has not yet been...
May 27, 2010 | Lead Articles, Number 3, Print Edition, Volume 43
SYMPOSIUM: CONSTITUTIONAL REVIEW IN CHINA There are great shifts in constitutional thinking taking place today in China among elite Chinese constitutional scholars. Among this group of influential constitutional law scholars, Hu Jintao’s concept of scientific...
May 27, 2010 | Lead Articles, Number 3, Print Edition, Volume 43
SYMPOSIUM: CONSTITUTIONAL REVIEW IN CHINA Professor Larry Catá Backer organized a superb symposium on Constitutional Review in the People’s Republic of China for the Suffolk University Law Review. The topic is clearly an important one not just in China, but throughout...
Apr 12, 2010 | Lead Articles, Number 3, Print Edition, Volume 43
SYMPOSIUM: CONSTITUTIONAL REVIEW IN CHINA The Communist Party of China (CPC or the Party) is the absolute power center in Chinese politics. Deng Xiaoping made the Four Cardinal Principles paramount in Chinese politics: upholding the socialist path; the people’s...