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Xi Jinping thought on the rule of law: new substance in the conflict of systems with China
Yi Jinpings "Rechtsstaatskonzept": neue Substanz im Systemkonflikt mit China
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Stiftung Wissenschaft und Politik -SWP- Deutsches Institut für Internationale Politik und Sicherheit
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. Marx... view more
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. (author's abstract)... view less
Keywords
China; political system; one-party system; communist party; legal order; constitutional state; legal policy; political power; Far East
Classification
Political System, Constitution, Government
Free Keywords
Central Committee of the Communist Party of China; Justizreform; Rechtsnormen; Umsetzung internationalen Rechts; Politische Kultur; Marxismus-Leninismus; Politische Ziele; Xi, Jinping; Sozialistisches System/Sozialistische Gesellschaft; Durchführung von Maßnahmen; Informations-/Kommunikationstechnologie; Kontrolle/Überwachung
Document language
English
Publication Year
2021
City
Berlin
Page/Pages
8 p.
Series
SWP Comment, 28/2021
DOI
https://doi.org/10.18449/2021C28
ISSN
2747-5107
Status
Published Version; reviewed
Licence
Deposit Licence - No Redistribution, No Modifications