Research Paper on "Rule of Law Today in China"

Research Paper 16 pages (4898 words) Sources: 1+

[EXCERPT] . . . .

China and the Rule of Law

A kind of democratic transformation is underway in Communist China, and that is thanks in no small part to China's race toward modernity. Such modernity, however, is highly dependent upon China's ability to operate according to a respectable rule of law. Therefore, everywhere in China the rule of law is touted as the center of its new and rising ethos (Peerenboom 2002:1). Meanwhile, China is poised to have the largest economy on the globe in the 21st century and desires to keep its 20th century setbacks well behind it. If "the hallmarks of modernity are a market economy, democracy, human rights, and rule of law," (Peerenboom 2002:1) then China hopes to be well on its way to being perceived as a modernized nation. It is the latter of these hallmarks that will concern this paper; but because the rule of law in China is also tied to China's stance on the economy, democracy, and human rights, this paper will examine the rule of law as it touches on each of these aspects and show how it has been shaped by the past as much as it is being shaped by projections of the future and its presence on the world stage.

Background: What is the Rule of Law?

China is a one-party state. Yet, while nations like the U.S.A. view democracy as something to be theoretically pursued (a kind of object-goal), China views its political system and the rule of law "as a means to achieving larger national ends" (Li 2012). Eric X. Li, writing for the New York Times from Shanghai, observes that China is changing its political direction: "Its leaders are prepared to allow greater popular participation in political decisions if and when it is conducive to economic development and favorable to the country's national interests, as they have done in the past 10 years" (Li 2012).

While China exerts an authoritarian rule, it tends to view political rights not as "God-given" but as "privileges to be negotiated based on the needs and conditions of the nation" (Li 2012). Likewise, PBS (2007) states that "China is racing to reshape the rules of society" as its economy grows and threatens to overtake U.S. As the no. 1 largest economy in the world. In an order to encourage interest articulation and promote the rule of law, lawyers are now traveling the countryside of China, engaging locals there with messages, for instance, like: "This is the Gonxian People's Court, according to PRC Civil Procuratorate Law number 120…No matter how small the case is, we treat it fairly." PBS asserts that Communist China is now engaging in Western-style legal reform, but it may also appear to the perceptive viewer that China is simply engaging in the sort of behavior for which Eric Li condemns the U.S. -- that is, pursuing a system of politics as an end in itself. On the other hand, it may be considered that China is simply attempting to stimulate interest aggregation in an attempt to appeal to the Westerners on the world stage.

The reality may be as Randall Peerenboom states, which is that China's rule of law is a ruse; after all, it is "foreign investors and human rights activists [who] keep up a steady drum beat calling for realization [of the rule of law]" (Peerenboom 2002:1). What many outside observers and critics of China are suggesting is that China's so-called rule of law is nothing more than a superficial attempt at legal reform -- simply a "sinister plot to hoodwink foreigners into investing in China or a jaded attempt by senior leaders to gain legitimacy abroad while actually just strengthening the legal system to forge a better tool of repression" (Peerenboom 2002:1). Such would be nothing new to history. Stalin during the era of Soviet Russia similarly duped the West. If China's sloganeering is any indication, however, then the rule of law -- at least in theory -- has come to China, for good or ill.

In either case, China wants the world to know that it is operating according to a rule of law. But what exactly is a rule of law and why has it not appeared before in China? China's long and ancient history is one of dynasties and feudalism. It is only with the great race toward modernity in the 20th century that China really made any attempt to catch up with the industrialized world. That century was also one of China's worst, culminating in the great dictatorship of Chairman Mao and his violent and essentially lawless repression of the people. Today, China looks to move past its recent history by utilizing a world recognized rule of law. That rule of law can best be described as "a system in which law is able to impose meaningful restraints on the state and individual members of the ruling elite" (Peerenboom 2002:6). In other words, the law is supreme in and above the government, and before it all people are considered to be equal.

In less abstract terms and in more practical terms, China's rule of law may be illustrated in the way its political system functions. China's government operates by means of an annual "two sessions" -- "big political events of contemporary China…[that] include all aspects of the national economy and the people's livelihood" (Shuzhen 2010). Essentially, China's People's Congress System works somewhat in the same manner as the U.S. Congress, whose Chinese equivalent is the National People's Congress. This body legislates and amends laws, reviews/approves budgets and is given the sole right of "electing and removing officials" (Shuzhen 2010). The National People's Congress holds the top spot in the power branch of Chinese government. It oversees the Standing Committee of National People's Congress (which oversees the Chairmen's Council), as well as all Special Committees (like Ethnic Affairs Committee, Law Committee, Internal and Judicial Affairs Committee) and Working and Administrative Bodies of the Standing Committee (Shuzhen 2010). Each of these committees and sub-committees is given a degree of oversight which branches out to more and more areas of the populace. It is, in other words, a kind of highly bureaucratic pyramidal structure, which will be discussed in the pages that follow a brief setting of China's recent historical context for the rule of law.

Historical Context

If China in the 21st century looks to capture the world's attention by announcing its intention to follow the rule of law, it does so after climbing out of the deadly experiments enacted by Mao Tse-Tung decades ago. Chairman Mao during the Cultural Revolution of the latter half of the 20th century attempted to secure his position and prestige through gangster-style tactics and bombastic and Marxist-inspired rhetoric. A confirmed ideologue for Communism, Mao insisted upon atheism for a nation whose religious practices ranged from Confucianism to Catholicism. Under Mao, religion was suppressed and a new vision of man was promoted. That new vision was not based on any so-called rule of law, objectively speaking. It was based on the whim and fancy of Mao himself. Mao meant to be China's visionary leader -- even though he was far from that.

Mao had already offered his mea culpa for the Great Leap Forward when, in 1959, he stated, "The chaos was on a grand scale, and I take responsibility" (Johnson 1992:551). Nonetheless, the terrible drama was not yet concluded. Indeed, Mao's apology for the millions that were left dead was merely an intermission in the great ideological upheaval that was destroying China. Mao may have bowed out of politics for a short time, but it was by no means a final farewell, for Mao would return to center stage just half a decade later. With his return, the Cultural Revolution would get underway and anti-religious sentiment would run high. Mao sought to destroy religion because it offered a rule of law contrary to what he himself wanted to establish.

Indeed, it was the "purpose of the Cultural Revolution as a whole to eliminate the principal features of the old society, and in particular all that [had] the taint of foreign origin" (Fitzgerald 1967:124). Christianity was obviously a religion that was "tainted" with foreign origin. Foreign origin was only allowed in the realm of political, atheistic doctrine, such as that which informed Mao personally. Any other ideology was suspect and heaped with scorn in the xenophobic and extremely nationalistic environment that was turning China upside-down. Thus, it was no surprise to see suppression come to the church doors of the different religious institutions throughout the land: such institutions were deemed dangerous to the welfare of the State Identity, found supremely in the head of Mao.

Mao stated in 1964 that he had new plans for the youth of China: he knew that to secure his and China's ideological future, he had to secure the youth -- and that meant controlling their minds with the doctrine he devised. For that reason, he observed that "the present method of education ruins talent and ruins… READ MORE

How to Reference "Rule of Law Today in China" Research Paper in a Bibliography

Related Research Papers:

Law and Business When Glenn Assessment

Law and Business

When Glenn says that a legal tradition is information, he is referring to the way that the legal process helps form the basis of historical tradition, of… read more

Assessment 20 pages (5286 words) Sources: 0 Topic: Law / Legal / Jurisprudence

---

Law and Social Justice Term Paper

Social Justice -- Kantian Paradigm

The United States Supreme Court made a judgment in 1976 to allow the fifty states to reinstate capital punishment if they wish to. The state… read more

Term Paper 11 pages (3891 words) Sources: 6 Style: MLA Topic: Law / Legal / Jurisprudence

---

Laws of Moses and Hammurabi Term Paper

Law in Ancient Times:

Comparison of the Laws of Moses and Hammurabi

From earliest times, societies have struggled with questions of law and order. At first decisions as to the… read more

Term Paper 8 pages (2944 words) Sources: 9 Style: Chicago Topic: Law / Legal / Jurisprudence

---

China it Has Not Been Very Long Term Paper

China

It has not been very long since the bamboo curtain that shrouded China under the communist rule of Mao Zedong came down. Chinese civilization is many centuries old and… read more

Term Paper 6 pages (2503 words) Sources: 1+ Topic: Asian History / Asia

---

International Law in the Modern World Term Paper

International Law in the Modern World

The role of international law has become more imperative and important in our world than ever before. Possibly one of the most prominent issues… read more

Term Paper 4 pages (1388 words) Sources: 3 Style: MLA Topic: Law / Legal / Jurisprudence

---

View 100+ more related papers  >>