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China’s Rule of Law

For westerners, “Rule of Law” is a principle of governance that assures the supremacy of the law over personal or political interests and agendas. The laws are intended to reflect the values at the heart of any society. The safeguarding of these values is supposed to ensure that democratic transitions, for example, are not manipulated and do not endanger the social fabric of a society.

What China calls “Rule of Law” would be known in the West as “Rule by Law” – an emphasis on regulated, orderly authority with no regard for specific values or representation.  The approach to the law is one that serves an important social and political role in China, especially under its current president.  However, it is profoundly different from the Western concept. During the formative years of the PRC, under the leadership of Mao Zedong, China was considered as being “Ruled by Man”.  Mao’s charisma and the revolution led by the Communist Party of China (CPC) were the main dynamic that drove the numerous transformations of those decades.

After Mao’s death, particularly during the period of “Opening Up” led by Deng Xiaoping, A concentrated attempt was made to create a codified legal infrastructure for the political and economic endeavors required to transform the country. This was necessary for cooperation with the west, as western countries expected a semblance of stability as a prerequisite for economic investments. In fact, many American legal experts advised and consulted with various bodies of the Chinese government to raise the level of legal expertise in the country and improve the standards of the law in China. Legalization also served a crucial role in expanding and strengthening the dominance of the CPC over Chinese politics. The party, rather than a single individual, became the central authority charged with running the country.

Xi Jinping, equal to Mao as the “Core Leader”, views the enhancement of “Rule of Law” as a central part of his legacy. For President Xi, the leadership of the CPC is one of the two cardinal values of Chinese politics. The second is “assuring a good life for the people”. There are no abstract principles like “human rights” (abstract in the sense that every person has them regardless of context and political authority) that supersede these two tenets.

According to Xi, China can achieve its dreams of strength and prosperity only if these create a good life for the Chinese people and only if the effort to realize these dreams is led by the CPC in every aspect of Chinese life. The “Rule of Law” under Xi represents a comprehensive campaign to codify the party’s leadership in every field.  This version of “Rule of Law” also binds the party itself to strict standards, as reflected by Xi’s public battle against corruption.

In China under Xi, the “Rule of Law” does not enshrine certain laws or principles as the essential core of society. “Rule of Law” ensures the all-encompassing, always relevant authority of the CPC. As China grows more diverse and sophisticated in its reach and in the scope of its domestic development, Xi stresses that only the leadership of the CPC can guarantee a good life for all Chinese. This is the supreme principle of Chinese politics.