The Chinese Path to the Rule of Law

THE Chinese governments commitment to the rule of law has produced some admirable results. Over the past 20 years， China has promulgated and enacted a considerable body of high-quality laws and regulations. Meanwhile， China has witnessed a rapid improvement of legal education as evidenced by the increase in number of licensed lawyers， and the emerging of globally acclaimed legal experts. The number of courthouses and procuratorates increased at an unprecedented pace. Chinese President Xi Jinping expressed support for these developments. An annual Constitution Day was set up and the importance of law and the Constitution has been highlighted in legislation. On March 17， 2018， the newly-elected state leaders， for the first time in history， pledged allegiance to the Constitution.

Under such circumstances， Why China Chose the Rule of Law came into being. With case studies， solid data and plain but vibrant language， the book reviews legal traditions， concepts， and approaches to the rule of law in Chinas history， and offers a systematic introduction to Chinas efforts in the construction of the rule of law over the past decades. In addition， the books elaborate explanation on “comprehensive law-based governance” is conducive to enhancing foreign readers knowledge and understanding of the socialist rule of law with Chinese characteristics. Comprehensive law-based governance not only lays out the roadmap for the construction of the rule of law in the future， but also explains the vision and governance strategies of the new central leadership.

The book has four chapters， which delve into the following questions： why modern rule of law did not emerge in China first， how the rule of law began in China， why China chose to build a socialist rule of law with Chinese characteristics， and how Chinas path to establishing the rule of law differs from the Wests.

Addressing the first question， the authors explore the notion that China already had the social gene for modern rule of law in the late Ming （1368-1644） and early Qing（1644-1911） eras； however， the powerful feudal autocracy and the then administration system nipped modern rule of law in the bud. Meanwhile， the small-scale agricultural economy and the policy of “supporting agriculture but suppressing commerce” also constrained the growth of capitalism.

In the second chapter， the authors delve into the history， reviewing the historic context on how the Western legal culture was introduced to China. Differences between China and the West in legal cultures are presented.

Moving forward， the book discusses why the Communist Party of China （CPC） chose the rule of law， how it advances socialist rule of law with Chinese characteristics， what makes the rule of law in China successful， what flaws it has， and how to measure the performance of building the rule of law. The book also discusses the CPCs views on fairness and justice as well as power.

During the period of socialist transformation， it is more imperative to make socialism with Chinese characteristics as the fundamental guiding principle in advancing law-based governance. The book highlights the significance to ensuring the Partys leadership， and the overarching status of the Constitution， and making sure peoples interests and rights are prioritized.

The book not only looks back at history， but also offers perspectives for the future. As a milestone event in the construction of the rule of law in China， in January 2020， the CPC Central Committee issued the Plan for the Construction of the Rule of Law in China （2020-2025）， which clearly pointed out that the rule of law is a hallmark of human civilizations progress and the basic way of governance， as well as the unremitting pursuit of the CPC and the Chinese people.

The book is written in consistence with the guiding Plan. It calls for efforts to resolutely adhere to the path of socialist rule of law with Chinese characteristics， emphasizes that law-based governance in all areas must be elevated to a position that has overall strategic and fundamental significance as China embarks on a new journey to fully build a modern socialist country. The Plan also demanded effective checks and supervision of the exercise of power， full protection for the legitimate rights and interests of the people， and the establishment of faith in the rule of law among the overall objectives.

The CPC pledged to build a lawbased country， government， and society by 2035. As it envisages， a socialist rule of law system with Chinese characteristics will be basically formed， the peoples right to equal participation and equal development will be fully guaranteed and modernization of the state system and capacity for governance will be realized by that time.

On November 16， 2020， a flagship magazine of the CPC Central Committee named Qiushi， or Seeking Truth， published an article by President Xi titled， “Promoting the Comprehensive Rule of Law， Giving Full Play to the Active Role of the Rule of Law in Modernizing the National Governance System and Governance Capacity.” In the article， Xi stressed that CPC members and officials must adhere to the comprehensive rule of law and consolidate the institutional foundation of Chinas governance； accelerate the establishment of a legal system that is needed for national governance and to meet the peoples growing needs for a better life； increase public awareness of the rule of law， improve the public legal service system and consolidate the social foundation for law-based governance； adhere to the combination of the rule of law and rule of virtue， and see that the process of building a law-based country is imbued with core socialist values.

Zhao Dingxin， a tenured professor of the Department of Sociology at the University of Chicago and the dean of the Department of Sociology of Zhejiang University， wrote in his book， The Confucian-Legalist State： A New Theory of Chinese History， that although the Han Dynasty instituted Confucianism as the official state ideology， legalism always remained an integral part of Chinas political constitution.