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Extra info for Chinese Justice: Civil Dispute Resolution in Contemporary China

Example text

The likelihood of going to court varied according to the nature of the problem, with personal injuries and criminal matters, property rights, and divorces likelier than other kinds of disputes to go to court. According to Michelson and Read, legal utilization rates are strongly and positively related to the level of economic development, whereby economic development facilitates access to legal system. More interestingly, those with experience with courts assess the legal system far more negatively than those without, and rural residents are far more negative toward the courts than are Beijing residents.

In other words, law’s power lies not only in its ability to settle disputes or to establish social norms, but also in its power to give a name to moral and ethical claims. The law label “legitimizes” an otherwise contentious claim, imbuing it with greater social significance and lessening its political dimension. 8 Legal process provides a platform on which substantive issues can be contested and debated. A “rule of law” state develops when the law gives context, legitimacy, a name, and a framework to disputes, even when the disputes involve powerful state actors.

Rule of law” means that law distributes power to ordinary citizens as against the state in subjecting state authority to legal rules and norms as any other citizen. In practice, a system of rule of law must feature independent and impartial decision makers, transparent and open rules that apply uniformly to all (including governmental powers), and a process that ensures the protection of fundamental rights and interests. This means that attention must be paid not only to bolstering institutions such as the legislature, the judiciary, and the legal profession, but also to promoting a legal consciousness and acceptance of the law on the part of ordinary citizens and nongovernmental organizations to whom these laws apply.

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