Law and the Party in China: Ideology and Organisation

The rule of law, as traditionally understood in the West, will not likely emerge in China during the Xi Jinping era. This book argues that China's legal system should be studied from an internal perspective, considering the unique architecture of the Party-state. It explores ideology and organization, highlighting how the Chinese Communist Party perceives the nature of law and its role within its policy tools. The book suggests that the Party's plans and approaches deviate from mainstream theoretical expectations and advocates a deeper understanding of the system's inherent logic.

Format: Paperback / softback
Length: 285 pages
Publication date: 28 July 2022
Publisher: Cambridge University Press

In the Xi Jinping era, it has become increasingly evident that the concept of the rule of law, as traditionally understood in Western societies, is unlikely to emerge in China anytime soon. However, it is crucial to examine whether this possibility was ever plausible. This book argues that China's legal system requires an internal perspective, considering the unique architecture of China's Party-state. To achieve this, it addresses two key elements: ideology and organization.

Part One of the book delves into ideology and the law, exploring how the Chinese Communist Party perceives the nature of law and its role within its broader spectrum of policy tools. Part Two, on organization and the law, examines how these ideological principles manifest themselves in the application of law, as well as the ongoing reform of the Party-state. By highlighting how the Party's plans and approaches deviate from mainstream theoretical expectations, the book advocates for a heightened focus on the inherent logic of the system itself.

Through a comprehensive analysis of these two aspects, this book offers valuable insights into the complex dynamics of China's legal system and its relationship with the Party-state. It sheds light on the challenges and opportunities faced by China in its pursuit of legal reform and governance, and provides a framework for understanding the country's legal development in the years to come.

ISBN-13: 9781108818919