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空间、身份与法治:兼对中国区域法治研究的反思

         

摘要

I. INTRODUCTION On Chinas road to the rule of law, the legal system plays an important role. With the development of Chinese massive legislation from 1978, the legal system is more and more comprehensive and established. However, with the number of laws increasing, the problems about the efficacy spring up, especially when we enforce the same law in different spaces. The reasons are very complicated. In the old days, we always think that the rule of law is general and universal, ignoring that in different spaces there may be different connotations and understandings about it. If we think that Chinas rule of law is only pushed by the government especially the central government but not a sort of practices in which everyone participates, we may misunderstand the complexity of the rule of law in China. Actually, if we transfer our angle of view from abstract doctrines of the rule of law to the concrete practices, we can find a lot of helpful information which helps us to understand the rule of law properly.

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