Rule of Law with Chinese Characteristics: A Contested Landscape

Abstract The concept of the rule of law has been a central issue in China for the past two decades, gaining even greater prominence under Xi Jinping’s leadership. This article examines the development of the rule of law in China, drawing on insights from local Chinese scholarship as a vital source for understanding the situation. By analyzing the most cited research articles in the China National Knowledge Infrastructure Database containing the keywords fazhi (rule of law) or yifazhiguo (governing the country according to law), the article explores the tension between China’s aspirations for a rule-of-law system and its simultaneous pursuit of a Socialist rule of law with Chinese characteristics. This hybrid model selectively adopts the rule of law elements while carefully avoiding aspects that might challenge the Communist Party’s leading role. The article demonstrates that despite the CCP’s de facto position above the law, opinions among Chinese scholars vary regarding the Party-state-law relationship and the direction China should take to become a rule-of-law country. However, under Xi Jinping’s leadership, China has been diverting its trajectory towards the rule of law to pursue its own path.