cover image: Party leadership and rule of law in the Xi Jinping era, What does an ascendant Chinese Communist Party mean for China's legal development?

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Party leadership and rule of law in the Xi Jinping era, What does an ascendant Chinese Communist Party mean for China's legal development?

30 Sep 2019

The Chinese Communist Party has largely observed a technical, de jure separation between itself and the state, including the legal system -- even while de facto controlling the state apparatus and often disregarding and devaluing the law -- for much of the 70 years it has ruled the People's Republic of China (PRC). Party General Secretary Xi Jinping is dismantling that pretense through assertion of comprehensive party leadership over everything, including law. Yet, his push to codify party leadership into law and making explicit the party's command of "socialist rule of law with Chinese characteristics" suggest that Xi appreciates the legitimating power of law. Under his incumbency, the party has made "governing the country in accordance with law," commonly translated as "law-based governance" (Yi Fa Zhi Guo ), a cornerstone of the party's governance strategy, along with Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era. The party, while demanding "absolute" leadership of political-legal work, continues to delegate to state legal institutions the responsibility to address and resolve complex matters on a day-to-day basis in a professional, efficient, fair, and autonomous manner to help maintain social stability and promote economic development.
china courts & law

Authors

Jamie P. Horsley

Published in
United States of America

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