@misc{Heuser1998, author = {Heuser, Robert}, title = {Auf der Suche nach einem neuen Ideal : zu Theorie, Norm und Praxis des Rechtsstaats in der VR China}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus-11392}, year = {1998}, abstract = {Besides establishing a legal system for the needs of economic construction, legal theory and legislation in China are extending their concern from an instrumental concept of law to a more value based notion, thus supplementing "rule by laws" by elements of the "Rechtsstaat" (rule of law). Whereas legal and constitutional theory take more and more bold views concerning integrating structures of checks and balances and division of powers into the legal system, urging for statutory control of the ruling party, for reforming the National People's Congress into a responsible legislative body based on real representation of the people, providing for constitutionality of legal norms by a system of judicial review etc., legislation has started to deal with certain aspects of the Rechtsstaat in fields as administrative, criminal and criminal procedure law. In view of grave problems of implementation, this legislation may partly be regarded more to be an expression of intention to develop gradually a new ideal and a new legitimation for the political system than well established actual practice.}, language = {de} } @misc{Gottwald1998, author = {Gottwald, J{\"o}rn}, title = {Democratizing Hainan : das Konzept "Kleine Regierung, große Gesellschaft"}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus-11407}, year = {1998}, abstract = {In 1988, the Government of the People's Republic of China established the island of Hainan as a province and made it a Special Economic Zone. While the hope for a spectecular economic take off was the main driving force behind this decision, it provided China with an area where far reaching trial-and-error politics could be. Hence the new provincial government was granted the privilege of setting its own legal framework for administering the special economic policies and establishing a governmental structure guided by the principle of "Small government, big society". Although some of the efforts to reduce the administration in terms of scope and resources, to develop and strengthen non-governmental organizations and provide economic actors with a minimum of freedom and reliability proved successful, the overall results are mixed: While well-being and opportunities for self-fulfillment clearly grew, political participation is still confined to areas defined by the Communist Party.}, language = {de} }