Is China a 'Rule-by-Law' Regime?

30 Pages Posted: 9 Jul 2019

See all articles by Kwai Hang Ng

Kwai Hang Ng

University of California, San Diego (UCSD)

Date Written: July 3, 2019

Abstract

This article discusses whether China is a “rule by law” regime. As a conceptual lens, does rule by law fit China? Does the concept resonate with the empirical reality that it attempts to explain? I answer the questions by identifying three essential characteristics of rule by law—commanding, opaque, and arbitrary. I conclude the concept of rule by law is of limited use in characterizing the behavior of the Chinese courts. The overall goal of the recent judicial reforms in China is to promote more faithful policy implementation. On this reading, the written laws are, first and foremost, policy statements of the party state. Law has been much developed and strengthened in China in the past few decades. But law in China comes in the form of primary rules. In practice, judges are given more power in the form of administratively guided discretions to carry out the law/policy of the central government. Such a conception of law is different from the rule of law ideal. Neither can it be easily equated with the random authority in rule by law regimes.

Suggested Citation

Ng, Kwai Hang, Is China a 'Rule-by-Law' Regime? (July 3, 2019). 21st Century China Center Research Paper No. 2019-03 , Available at SSRN: https://ssrn.com/abstract=3415655 or http://dx.doi.org/10.2139/ssrn.3415655

Kwai Hang Ng (Contact Author)

University of California, San Diego (UCSD) ( email )

9500 Gilman Drive
Mail Code 0502
La Jolla, CA 92093-0112
United States

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