China And the Rule of Law: A Primer on The Judicial System and Regulation of Lawyers in The Context of the Chinese Economy and Its State-Owned Enterprises
Abstract
This article argues that there is a direct relationship between the Chinese legal system, attempts at reforms in the regulation of Chinese lawyers, and the Chinese economy—especially with regard to China’s vast network of state-owned enterprises. The paper considers questions relating to recent negative developments impacting China’s economy, dysfunctions in the operation of China’s state- owned enterprises, and issues relating to certain negative aspects of the Chinese legal system and the competency of China’s judges that impact on China’s commitment to the “rule of law.” Will the realities associated with the Chinese economy overwhelm China’s efforts? In a real sense, is it “government under law or law under government?” Rule of law or rule by law?