Party-Legislation of Legislating-Party in the Chinese Socialist Rule of Law: The Role of the CCP in the Party-State Legislation Revisited

Abstract The wide and deep participation into legislation is a crucial means for the CCP to govern the Chinese Party-state. This Article examines how the CCP as a legislating Party acts in the state legislation as well as in its own internal legislation and what influences the Party’s legislating behaviors bring to the socialist rule of law. By a positivist and typological survey, the Article divides the intra-party regulations into three kinds, namely the pure intra-party regulations, the state-parallel intra-party regulations as well as the supra-state intra-party regulations. On this basis, the Article further analyzes how different types of the intra-party regulations influence the state legislation and, ultimately, the socialist rule of law. Finally, this Article points out that the overexpansion of the intra-party regulations leads to the partisanization of the state legislation and the legalization of the Party legislation which renders the existing separation of the Party and the state feebler and the socialist rule of law could afford more pressures in a foreseeable future.