Public Participation during the Legalization of Society in Modern China

2014 Fiscal Year Final Research Report

• Project/Area Number: 24730001
• Research Category: Grant-in-Aid for Young Scientists (B)
• Allocation Type: Multi-year Fund
• Research Field: Fundamental law
• Research Institution: Hokkaido University
• Principal Investigator: XU Xing 北海道大学, 法学(政治学)研究科(研究院), 講師 (30580005)
• Project Period (FY): 2012-04-01 – 2015-03-31
• Keywords: 市民参加 / 中国法 / 比較法 / 人民参審員制度 / パブリックコメント / 共産党政権の正統性 / 司法改革 / 直接民主制

Outline of Final Research Achievements

This research aims to study the present situation of public participation during the legalization of society in modern China, and to discover what kind of legal/political factors are behind it. In the judicial field, this research has clarified all the laws & regulations related to the ‘People’s Assessor System’, reviewed the discussion concerning the reform of the system, and assessed the operation of the system in primary courts. In the legislative field, this research has revealed that the promulgation of the draft law has been established as a custom, and the system to help promote and secure public participation in legislation has also been established. Through these studies, it has been made clear that The Communist Party of China is only trying to use these public participation mechanisms to acquire its legitimacy.

Free Research Field

比較法