The Communist Party of China (CPC) is set out in the Constitution as China's governing party. Leadership by the CPC is described in the Chinese Constitution as the defining feature of socialism with Chinese characteristics. The external rhetoric, particularly in the West, however, is often that because the Party's leadership is legally ensured, the Party is above the law. President Xi Jinping stresses that not only are the Party's actions and those of its individual members held accountable to the law, they are also held to a higher standard by the Party's own set of rules. In an interview with Beijing Review, Xia Lu, a research fellow with the National Academy of Development and Strategy at Renmin University of China, shared his insights into Xi's theories and how the rule of law works in China. Edited excerpts of his views follow:

Beijing Review: Why is it important for societies to pursue the rule of law? 

Xia Lu: The rule of law is the opposite of arbitrary rule. Therefore, it is a value in itself, independent of the content of the law and other legal documents. It gives citizens and other economic actors, like corporations, a basic certainty in their interactions with others and with the government. Without this certainty, it is difficult to imagine that individuals and corporations will be able to develop their potential and that the economy will thrive and society will remain stable.

This presupposes that the government does not only rule through law but also according to law. There is no rule of law so long as the government can wield its power at will. By adopting the rule of law, the government is committed to not only pursuing its ends by using legal means but also adhering to the legal rules itself. Therefore, the rule of law is identical with the concept of "limited government."

Yet this certainty does not necessarily mean that the law must always remain the same. As social life is in constant change and modern science and technology constantly create new opportunities as well as new risks, it is inevitable that the law, which undertakes to regulate development, changes as well. But the rule of law guarantees that this change occurs in a legal way and, at least in principle, for the future and not retroactively.

The law is binding not only for private but also for public actors, the government included. It is a requirement of the rule of law that state acts can be reviewed for compliance with the law. Only if this is guaranteed does the rule of law fulfill its promise to stabilize expectations, make state behavior predictable and create the degree of certainty on which social development depends. 

What are President Xi's main ideas on China's rule of law? 

Since becoming the CPC's top leader in 2012, President Xi has put forward new ideas and new strategies, giving shape to Xi Jinping Thought on the Rule of Law. 

President Xi emphasizes the importance of China's socialist rule of law being led by the CPC, and sees that as the biggest difference between Chinese and Western rule of law.

The Party leads the people in enacting and enforcing the Constitution and other laws. And the Party itself is required to act within the confines of these laws. The government is expected to administer the country in accordance with the law. Additionally, efforts will be made to ensure sound legislation, strict law enforcement, impartial administration of justice and society-wide observance of the law, and to ensure that all work of the state is carried out under the rule of law. All this is aimed at protecting the people's rights and interests.

Xi also calls for rule-based governance of the Party so that it can better live up to its role as the country's governing party. The CPC has put in place a body of rules and regulations that hold Party members to a higher standard than that exists in the country's laws.

What are the similarities and differences between the rule of law in China and in Western countries like the U.S.? 

The rule of law has a history of more than 200 years in the U.S., and more than 800 years in the UK. China, however, has practiced the rule of law for only a little over 100 years, since the end of the dynastic era. The Marriage Law of 1950 was the first law adopted after the founding of the People's Republic of China (PRC) in 1949. The PRC's first Constitution was born in 1954. The Criminal Law, however, was not adopted until 1979. So, obviously, the practice in the West has become more mature, while China is still working to build a law-based country, government and society.

The U.S. practices the separation of powers, with checks and balances between the legislative, executive and judiciary branches. In China, the National People's Congress (NPC) is the highest state organ of power. In addition to being vested by the Constitution with wide-ranging powers including enacting laws and electing leaders, it also stands above the administrative and other branches of the government, as well as the judiciary. The Party exercises leadership over state organs through the NPC and people's congresses at local levels, all of which consist of elected deputies. Specifically, through legal procedures at people's congresses, candidates nominated by the Party become leaders of state institutions including courts and procuratorates, which mainly deal with public prosecution and the supervision of criminal investigation. 

China's courts are required by the Constitution to work independently without being influenced by administrative power. Party and government officials are prohibited from interfering in judicial proceedings. Authorities leading or overseeing judicial work may inquire about the handling of cases and ensure judicial bodies are properly fulfilling their duties but must not influence any decisions on specific issues such as evidence admission and the issuance of judgments.

China's legal system is still developing and requires the guidance of the Party, which is the guiding force behind all aspects of China's development.

What is China's vision for the rule of law in the coming decades? 

China's rule of law is in the process of becoming more and more mature. China plans to put the rule of law largely in place for the country, the government and society by 2035. Here are some of the main goals:

Part of strengthening the rule of law is improving the laws themselves. China will better implement the Constitution by better conducting compliance oversight. It will step up legislation in emerging fields such as AI and big data, in which existing laws have been found to be inadequate.

China will steadily advance law-based government by making the government more streamlined, service-oriented and accountable.

It will ensure strict and impartial administration of justice by improving systems to accelerate the development of a fair, efficient and authoritative socialist judicial system. The goal is to see that the people feel justice has been served in each and every judicial case. This is important because judicial corruption still exits. President Xi has highlighted cases where some have got away with their crimes through bribery, with officials speaking on their behalf and greenlighting their conduct.

China will carry forward the best of its traditional legal culture as part of its efforts to build a law-based society. Many excellent ideas are worth passing on, such as advocating harmony to reduce the need for lawsuits. By revisiting the wisdom of China's traditional legal culture, all Chinese people will be encouraged to truly revere, readily observe, and firmly defend the rule of law. BR

Copyedited by G.P. Wilson 

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