Xi Jinping Thought On The Rule Of Law

The rule of law is the pillar of societal and institutional development and the optimal approach to modern state governance. The legal aspects of Xi Jinping Thought comprise a complete set of rich concepts, profound arguments, and rigorous logic, and represents the definitive guideline for China's law-based governance in the new era. In Xi Jinping Thought on the Rule of Law, the author unpacks the significance of advancing law-based governance on all fronts and explains Xi Jinping's expositions on the rule of law. The book also outlines means of promoting coordinated progress in various aspects of the rule of law, such as establishing a complete legal framework, effectively exercising constitutional governance, launching the administrative reform, building a uniquely Chinese judicial system, achieving good social governance, cultivating talent, and upholding the leadership of the Communist Party of China.

Zusammenfassung: 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

Lawfare aims at using the law and legal systems to hurt or discredit opponents or stop them from reaching their political goals. It is seen that the rule of law has been used to shape the future course of the war as an alternative to traditional military means. Regimes worldwide have started using the law to constrain behaviour, contest circumstances, confuse legal precedents, and gain an advantage. In this paper, the author looks at how China uses "lawfare" in its own country, worldwide and lessons for India.

THE THOUGHTS OF XI JINPING, the Marxism of the 21 st century, answers mainly the following two questions: 1. What kind of new country do the 1.4 billion people in China want to build in the 21 st century? They want to build a global first and a model country which will surpass the United States. 2. What kind of new world do the 7 billion people in the world want to build in the 21 st century? They want to build a civilized and a democratic world which will discard hegemony. The Thoughts of Xi Jinping are shaping China and are leading the world. If one doesn’t understand The Thoughts of Xi Jinping, he cannot understand the future of China and the world.

This book comprehensively introduces the development of rule of law and law-based governance in China. Through theoretical interpretation, background analysis and empirical analysis of several key issues, this book answers why and how China promotes its rule of law and how the country identifies major challenges of promoting rule of law. It also looks at how China solves its problems in the process of practicing socialist rule of law.

Under the direction of the Communist Party of China (CPC), key legal challenges have been identified which will shape the modernization of China’s legal and administrative institutions. An increasingly complex set of legal actors now seek to influence this development, including securities regulators, bankers, accountants, lawyers, local-level mediators and some of China’s newly rich. Whilst the rising middle class wants to voice its interests and concerns, the CPC strives to maintain its leading role. This book provides a critical appraisal of China’s deepening socialist rule of law and looks ahead to the implications of the domestic reforms for the international legal domain. With contributions from leading Chinese law specialists, it draws on specific illustrations from judicial reform, constitutional law, procedural law, anti-corruption, property law and urban development, socio-economic dispute resolution and Chinese macro-economics. The book questions how China’s domestic law reforms will impact international legal systems, and how international law can be used in managing key regional and bilateral relationships and in dispute resolution, such as in the South China Sea and international trade. Assessing the state and direction of domestic law reform and including debates around the legal implications of some of China’s most pressing foreign policy challenges today, this volume will be of huge interest to students, scholars and practitioners with an interest in Asia law, Chinese law, international law, comparative law and law reform.

This book provides law-based governance which is one of the basic policies that underpins our endeavors to uphold and develop socialism with Chinese characteristics in the new era. Law is the key to governing the country,and the rule of law is an important support for the national governance system and governance capacity. Since the 18th National Congress of the CPC,China has implemented the four-pronged comprehensive strategy and created an unprecedented new situation for law-based governance. Further progress has been made in ensuring China’s legislation is sound,law enforcement is strict, the administration of justice is impartial,and the law is observed by everyone. China’s efforts to build a country, government,and society based on the rule of law have been mutually reinforcing; the system of distinctively Chinese socialist rule of law has been steadily improved; public awareness of the rule of law has risen markedly. In recent years, China has adhered to the correct handling of the relationship between deepening reform and law-based governance,ensuring that major reforms are justified by law and providing solid guarantees of the rule of law for reform and opening-up. China has adhered to combine law-based governance of the country and rule-based governance over the party and exercised law-based governance at every point in the process and over every dimension of full and rigorous governance over the party and has made remarkable achievements in the construction of a clean and honest government and the struggle against corruption.

In the Xi Jinping era, it has become clear that the rule of law, as understood in the West, will not appear in China soon. But was this ever a likely option? This book argues China's legal system needs to be studied from an internal perspective, to take into account the characteristic architecture of China's Party-state. To do so, it addresses two key elements: ideology and organisation. Part One of the book discusses ideology and the law, exploring how the Chinese Communist Party conceives of the nature of law and its position within its broader range of policy tools. Part Two, on organisation and the law, reviews how these ideological principles manifest themselves in the application of law, as well as the reform of the Party-state. As such, it highlights how the Party's plans and approaches run counter to mainstream theoretical expectations, and advocates a greater attention to the inherent logic of the system itself.

The global implications of China's rise as a global actor In 2005, a senior official in the George W. Bush administration expressed the hope that China would emerge as a “responsible stakeholder” on the world stage. A dozen years later, the Trump administration dramatically shifted course, instead calling China a “strategic competitor” whose actions routinely threaten U.S. interests. Both assessments reflected an underlying truth: China is no longer just a “rising” power. It has emerged as a truly global actor, both economically and militarily. Every day its actions affect nearly every region and every major issue, from climate change to trade, from conflict in troubled lands to competition over rules that will govern the uses of emerging technologies. To better address the implications of China's new status, both for American policy and for the broader international order, Brookings scholars conducted research over the past two years, culminating in a project: Global China: Assessing China's Growing Role in the World. The project is intended to furnish policy makers and the public with hard facts and deep insights for understanding China's regional and global ambitions. The initiative draws not only on Brookings's deep bench of China and East Asia experts, but also on the tremendous breadth of the institution's security, strategy, regional studies, technological, and economic development experts. Areas of focus include the evolution of China's domestic institutions; great power relations; the emergence of critical technologies; Asian security; China's influence in key regions beyond Asia; and China's impact on global governance and norms. Global China: Assessing China's Growing Role in the World provides the most current, broad-scope, and fact-based assessment of the implications of China's rise for the United States and the rest of the world.