In the Name of Justice ─ Striving for the Rule of Law in China

Of all the issues sparked by China's ongoing economic and sociopolitical transformation,the development of the Chinese legal system is arguably the most consequential. Even as public demand for the rule of law grows, the Chinese Communist Party still interferes in legal affairs and continues its harsh treatment of human rights lawyers and activists. Both the frequent manifestations of social unrest in recent years and the growing tension between China's various interest groups underscore the urgency of developing a sound and sustainable legal system.

One encouraging trend is the rapid expansion of the Chinese legal profession.Lawyers and legal scholars are no longer considered state officials, as they were inChina's recent past. Now they boast an unprecedented degree of political autonomyand a steadily increasing level of professionalism.

In the Name of Justice presents a critical assessment of the state of Chinese legalreform by He Weifang, the country's leading liberal law scholar. Professor He hasbeen at the forefront of the country's bumpy path toward justice and judicial independence for more than a decade. His bold remarks at the famous New WesternHills Symposium in 2006, including his assertion that "China's party-state structureviolates the PRC Constitution," are considered a watershed moment in the centurylongmovement for a constitutional China. In addition to a selection of the author'sacademic writings, the volume also includes many of Professor He's public speeches,media interviews, and open letters, which provide more insight into his dual roles asthinker and practitioner in the Chinese legal world.

He Weifang also offers a historical review of the evolution of Chinese traditionallegal thought, enhanced by cross-country comparisons. Among the volume's manytopics are judicial independence, judicial review, legal education, capital punishment,and the legal protection of free speech and human rights. A proponent of reformrather than revolution, Professor He believes that the growing institutionalization offactional checks and balances within the Party leadership may represent importantsteps toward democracy. In his view, only true constitutionalism can guarantee socialjustice and enduring stability for China.

He Weifang, one of China's most influential public intellectuals, is a professor of law at Peking University in Beijing. In 2011 he was named by Foreign Policy as one of its top 100 global thinkers.

Cheng Li, a senior fellow and director of research in the John L. Thornton China Center at Brookings, is editor of China's Emerging Middle Class (Brookings, 2010).

John L. Thornton is chairman of the board of trustees at the Brookings Institution and professor and director of global leadership at Tsinghua University.