Chinese Law in Context Power, Institutions and Values under Xi

University:
University College London
Course:
LAWS0027 | Public International Law
Academic year:

2024
Views:

360

Pages:

3
Author:

Nam B.

Chinese Law in Context: Power, Institutions, and Values under Xi Presented by: Dr Matthieu Burnay, Associate Professor in Global Law Introduction - Sources and Development of the Chinese Legal System - The Rule of Law Narrative - Challenges of the Chinese Legal System - China and the Future of the Liberal International Order Sources and Development of the Chinese Legal System - The Reconstruction Phase - Reconstruction phase: to restore stability and transform the country into a more open and developed society • Proliferation of laws • Strengthening of legal and judicial capacity • Growing legal awareness • Influence of international law and conventions • Influence of legal transplants • Influence of 'Chinese characteristics The Rule of Law Narrative - (Xi Jinping 2014) • 'To construct a rule of law in China, we must persist in moving governing the country according to the law, governance according to the law and administration according to the law forward jointly, and persist in the integrated construction of a Rule of Law country, a Rule of Law government and a Rule of Law society.' - (Xinhua News Agency, 2014) • '[A]all the pains currently suffered by the Chinese economy ranging from overcapacity, real estate bubbles, risks of local government debts and shadow banks, to restricted growth in non-public sectors and insufficient innovation could find their roots in excessive administrative interference, corruption and unfair competition, all of which are the result of the lack of rule of law.' Concluding Remarks - Multiple-speeds legal system: • "China's legal system is about the effective functioning of government, so when the system changes it does so to help government function better. This does not mean it cannot also develop to better accommodate issues arising between citizens that have little connection to the government but it does that on the side. The fundamental characteristics of the system stem from its statist orientation." (Clarke, 2011) - China law-stability paradox (Liebman, 2011) - Thin/thick versions of the rule of law vs. rule by law - China 'discourse power' (CCP 2014) and 'authoritarian international law' (Ginsburg 2020)