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Between Reality and Idea: Implementing the Rule of Law in China's Pre-trial Process

Enshen Li

La Trobe University, Australia

Abstract:

This article explores the regulatory and conceptual frameworks of the Chinese pre-trial process by identifying the administrative justice system as one salient component in this legal scheme. It reviews the major difficulties of administering pre-trial justice in accordance with the rule of law, as well as corresponding legislative recommendations for promoting the rule of law as a normative system in the operation of the pre-trial process. The article proceeds to make a claim that the idea of implementing the rule of law as the reformative basis to regularize the pre-trial process is most likely unsuccessful due to the Party's resistance and the immaturity of the current legal system.

Keyword:

China; pre-trial process; normative system; legal system.