It is an honor to introduce this Focus on “Disciplined Approaches for Constructing a Rule of Law Order: Reconsiderations Revisited,” which contains two articles contributed by Dr. YAN Tian and Prof. HU Tianlong. Admittedly, this Focus primarily aims to conceptualize new elements of the rule of law rhetoric faced by Chinese scholars. The two articles brought in a broad, doctrinal, yet incisive, critical review and reconsideration on how the rule of law construction in modern China may accommodate constantly-changing social movements and understandings as well as fiscal and taxation policies, and how China may take practical steps to implement such adjustments.
In “Social Movement and Constitutional Change: The Case of the United States,” Dr. YAN Tian insightfully argues that social movement challenges the theory of constitutional change in contemporary US with its core concern of balancing and maintaining legal and political authorities of the Constitution through judicial interpretation. Moreover, given that the influence of social movement on judicial interpretation must be restricted in order to ameliorate the conflicts between political and legal authorities of the Constitution, both the pluralists and republicans put forward different schemes in this regard in the US. Dr. YAN further diagnostically submits that similar social movement has entered the agenda of implementing the Constitution in China. Since late 20th Century, civil society movement started to appear, citizens’consciousness of their rights has been awakening, the reforming process of the rule of law has sped up, and the ruling party began to emphasize the status of the Constitution in China’s national life. In sum, Dr. YAN proposes that the development of constitutional evolution theory in the US showed that social movement was closely related to the success or failure of implementing the Constitution. Accordingly, it will be of great benefit in thinking about the local path of implementing the Constitution through understanding of the development of social movement and constitutional change theory in the United States.
Prof. HU Tianlong offers his perspective from the fiscal and taxation legal reform of China, which is heavily embedded in the general rule of law constructional scheme. As noted by Prof. HU in his article entitled “An Acute Queening Move for China’s Taxation Legal Reform: Issues and Proposals,” China’s fiscal and tax law reform should acknowledge China’s progressively heightened change from being a passive standard taker to being an initiator of discourse and negotiation in various international frontiers, such as China’s persistent determinations in modernizing its domestic tax policies and streamlining international tax outreaches. Such international tax policy orientations create
another layer of incentives and necessity for China to fine-tune domestic fiscal and
taxation legal frameworks. Prof. HU concludes that fiscal and taxation legal reform
should reflect multi-layered needs for both a constitution based on the rule of law and China’s ambition for orchestrating international order.
In sum, both articles contain cutting-edge analysis of high quality and reflect Chinese young scholars’ thoughts on practical and meaningful move for constructing China’s rule of law order.
The focus are consisted of two articles:
SOCIAL MOVEMENT AND CONSTITUTIONAL CHANGE：THE CASE OF THE UNITED STATES.pdf
AN ACUTE QUEENING MOVE FOR CHINA’S TAXATION LEGAL REFORM： ISSUES AND PROPOSALS.pdf