Xi Jinping thought on the rule of law: New substance in the conflict of systems with China

Moritz Rudolf

No 28/2021, SWP Comments from Stiftung Wissenschaft und Politik (SWP), German Institute for International and Security Affairs

Abstract: In its first 'Plan on Building the Rule of Law in China (2020-2025)', the leadership in Beijing has set out its vision for a coherent and genuinely Chinese legal system. The focus here is on the term 'socialist rule of law with Chinese characteristics'. It should 'basically take shape' by 2035. Marxist-Leninist legal concepts remain fundamental. The aim is to use the law as a political instrument to make the state more efficient and to reduce the arbitrariness of how the law is applied for the majority of the popu­lation, among other things, with the help of advanced technology. In some areas, for example on procedural issues, Beijing continues to draw inspiration from the West in establishing its Chinese 'rule of law'. However, the party-state leadership rejects an independent judiciary and the principle of separation of powers as 'erroneous west­ern thought'. Beijing is explicitly interested in propagating China's conception of law and legal practice internationally, establishing new legal standards and enforcing its interests through the law. Berlin and Brussels should, therefore, pay special attention to the Chinese leadership's concept of the law. In-depth knowledge on this topic will be imperative in order to grasp the strategic implications of China's legal policy, to better understand the logic of their actions and respond appropriately.

Date: 2021
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Persistent link: https://EconPapers.repec.org/RePEc:zbw:swpcom:282021

DOI: 10.18449/2021C28

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