Thoughts on Rule of Law and China

This paper reviews developments in the legal system of the People’s Republic of China since 1978 through the prism of rule of law concepts. Taking a six-prong definition of rule of law for its framework, the paper lays out both the unprecedented progress to date and the considerable challenges for the future, in the following areas: (1) Is there a set of rules which are known in advance? (2) Are these rules actually in force? (3) Do mechanisms exist to ensure the proper application of the rules and to allow for departure from them as needed according to established procedures? (4) Can conflicts in the application of the rules be resolved through binding decisions of an independent judicial or arbitral body? (5) Are there known procedures for amending the rules when they no longer serve their purpose? (6) Is the government subordinate to law? The paper concludes that China is in the midst of a transition towards a version of the rule of law in which Chinese characteristics are likely to predominate, whatever and whenever the end of that transition may be.