Although the Chinese constitution includes the notion of socialist rule of law, it is generally assumed that this is not a justiciable principle that courts can apply in practice. The meaning of the principle is determined in authoritative documents of the Chinese Communist Party. Based on newly available court decisions, the paper explores in what instances Chinese courts directly apply the socialist rule-of-law principle, its various elements and other related ideological concepts. The paper argues that courts use ideological concepts in the reasoning parts of judgments either in a supplementary or educational function that lends their decisions legitimacy beyond the law. Further, ideological concepts are used like constitutional principles to give meaning to indeterminate general legal terms. Ideological concepts are applied to support particularly broad or narrow interpretations of general legal terms in order to strengthen the protection of weak parties.
Our 2020 Annual Conference was scheduled to be held at the University of Wrocław in Poland on July 9-11, 2020.
Due to the COVID-19 pandemic, the ICON·S Executive Committee has decided to postpone our 2020 Conference to 2021. Our next Annual Conference will take place from July 8-10, 2021, in Wrocław, Poland.
Procedural details regarding the organization of the 2021 Conference will follow in the months ahead.Join ICON•S