The paper aims to highlight some of the most significant evolutionary trends in the contemporary Chinese legal system. The first part describes some elements of this evolution, focusing on the legislative innovations of recent years and in particular on the new Civil Code, which can be considered one of the most important and emblematic laws produced in post-Maoist China. The second part deals with the transformations that have occurred recently thanks to the vigorous assertion of the principle of legality (rule by law/fazhi) under Xi Jinping's presidency and the 2018 constitutional amendments, which have led to a profound change, not only in the Chinese constitutional model, but more generally in the theory and practice of Chinese law. The last part of the article gives an account of the effects that the growing geopolitical tension of these years is having on PRC law, the growing centrality of the notion of national security and, in general, the role of law in China's global repositioning.
La legalità socialista nella Cina di Xi Jinping
Cavalieri, Renzo
2024-01-01
Abstract
The paper aims to highlight some of the most significant evolutionary trends in the contemporary Chinese legal system. The first part describes some elements of this evolution, focusing on the legislative innovations of recent years and in particular on the new Civil Code, which can be considered one of the most important and emblematic laws produced in post-Maoist China. The second part deals with the transformations that have occurred recently thanks to the vigorous assertion of the principle of legality (rule by law/fazhi) under Xi Jinping's presidency and the 2018 constitutional amendments, which have led to a profound change, not only in the Chinese constitutional model, but more generally in the theory and practice of Chinese law. The last part of the article gives an account of the effects that the growing geopolitical tension of these years is having on PRC law, the growing centrality of the notion of national security and, in general, the role of law in China's global repositioning.File | Dimensione | Formato | |
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