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Civil Adoption in Contemporary Chinese Law: A Contract to Care

Published online by Cambridge University Press:  28 November 2008

Michael J. E. Palmer
Michael J. E. Palmer
Affiliation:
School of Oriental and African StudiesUniversity of London
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Extract

An outstanding feature of the far-reaching plans for development which China has been earnestly promoting under the general rubric of the ‘four modernizations’ is the post-Mao leadership's determined effort to revive and thoroughly institutionalize a meaningful and formal legal system. There is an obvious and sharp distinction between the policies towards law pursued during the period between the mid-1950s and the mid-1970s and the more recent attempts to fashion a pivotal role for law in Chinese society. Throughout much of the course of socialist rule China's leaders have been concerned not with promoting effective legal institutions but, rather, with the direct insertion of extrinsic political norms and values into the law. During the Cultural Revolution many important legal structures ceased to function. In contrast, in the years since 1978 an important aspect of the rigorous political reaction to the uncertainty and conflict of the Cultural Revolution has been unequivocal support for the establishment of a sound legal system. The leadership now believes that systematic and regulated law-making, public awareness of the law, and proper application of the rules should be integral elements in the administration of justice in the PRC. The hope is that this approach will prevent the recurrence of arbitrary political rule, curb reliance on ‘connections’ or guanxi in bureaucratic conduct, promote economic growth and generally encourage the development of a more predictable and orderly social life.

Type
Articles
Information
Modern Asian Studies , Volume 23 , Issue 2 , May 1989 , pp. 373 - 410
Copyright
Copyright © Cambridge University Press 1989

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