Access to Justice and Constitutionalism in China
A neglected aspect in the study of post-Mao Chinese legal and constitutional reform is the importance and potential of social intermediaries, the legal professions in particular, in developing China’s emerging rights-based constitutional systems. Scholars and commentators have conducted extensive studies on the supply-side of the legal system (see, for example, He Xin’s contribution to this volume), including the expansion of new legal norms and the growth and entrenchment of legal institutions (see, for example, Chen 2004a; Peerenboom 2002), but for the most part few have taken the demand-side of this system seriously. Only recently have researchers started to pay attention to the issues relating to the role of rights consciousness in legal development and the processes through which the legal profession might facilitate such rights consciousness and rights practices (see, for example, Gallagher 2006; Michelson 2008; see generally Diamant, Lubman, and O’Brien 2005).
KeywordsDispute Resolution Chinese Communist Party Civil Litigation Chinese Court Justice Assistant
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