{"title":"应诉监管与中国传统法律思想的融合?借鉴旧的东西,为现代中国创造可行的东西","authors":"Alex Chu Kwong Chan, Angus Young","doi":"10.2139/ssrn.2500617","DOIUrl":null,"url":null,"abstract":"China is now an economic superpower. However, the sustainability of this Chinese economic miracle rests upon good governance buoyed by the rule of law. Whilst the notion of the rule of law is a complex subject matter, the ability to bring about a social order backed by laws under an integrated and cohesive regulatory framework is imperative. Then again, China is a country with long held cultural traditions and values. Thus, transplanting a regulatory framework from the West into China will not work unless it is flexible and pliable enough to incorporate tradition Chinese values and norms. This article draws to the attention of responsive regulation and examines the possibility of adapting it with traditional Chinese legal doctrines to create something would meet the needs of a rapidly modernizing China. Even though this exercise remains conceptual, it is hopefully a step in the right direction for China’s socio-economic development.","PeriodicalId":430135,"journal":{"name":"Non-Western Philosophy eJournal","volume":"8 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2014-09-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Adapting Responsive Regulation with Traditional Chinese Legal Doctrines? Something Old and Borrowed to Create Something Viable for a Modern China\",\"authors\":\"Alex Chu Kwong Chan, Angus Young\",\"doi\":\"10.2139/ssrn.2500617\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"China is now an economic superpower. However, the sustainability of this Chinese economic miracle rests upon good governance buoyed by the rule of law. Whilst the notion of the rule of law is a complex subject matter, the ability to bring about a social order backed by laws under an integrated and cohesive regulatory framework is imperative. Then again, China is a country with long held cultural traditions and values. Thus, transplanting a regulatory framework from the West into China will not work unless it is flexible and pliable enough to incorporate tradition Chinese values and norms. This article draws to the attention of responsive regulation and examines the possibility of adapting it with traditional Chinese legal doctrines to create something would meet the needs of a rapidly modernizing China. Even though this exercise remains conceptual, it is hopefully a step in the right direction for China’s socio-economic development.\",\"PeriodicalId\":430135,\"journal\":{\"name\":\"Non-Western Philosophy eJournal\",\"volume\":\"8 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2014-09-23\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Non-Western Philosophy eJournal\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.2139/ssrn.2500617\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Non-Western Philosophy eJournal","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2139/ssrn.2500617","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Adapting Responsive Regulation with Traditional Chinese Legal Doctrines? Something Old and Borrowed to Create Something Viable for a Modern China
China is now an economic superpower. However, the sustainability of this Chinese economic miracle rests upon good governance buoyed by the rule of law. Whilst the notion of the rule of law is a complex subject matter, the ability to bring about a social order backed by laws under an integrated and cohesive regulatory framework is imperative. Then again, China is a country with long held cultural traditions and values. Thus, transplanting a regulatory framework from the West into China will not work unless it is flexible and pliable enough to incorporate tradition Chinese values and norms. This article draws to the attention of responsive regulation and examines the possibility of adapting it with traditional Chinese legal doctrines to create something would meet the needs of a rapidly modernizing China. Even though this exercise remains conceptual, it is hopefully a step in the right direction for China’s socio-economic development.