Rule by law, with Chinese characteristics

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Rule by law, with Chinese characteristics
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  • 📰 TheEconomist
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In this era of personalised rule in China, a puzzle presents itself. Given that Xi Jinping’s will may not be challenged, what is gained by enshrining his policies in stand-­alone laws?

This marks a change. After Mao Zedong died in 1976, ending years of ideological purges and frenzies, party leaders shunned anything resembling a personality cult or one-man rule. Political theories were given anonymous, bland names, like “The Three Represents”. Today, Mr Xi’s injunctions are a staple of everyday life. And in this era of personalised rule, a puzzle presents itself.

Mr Xi’s own words offer a partial answer. One of his cherished slogans is “yifa zhiguo”, or “governing the country according to law”. With those words, he is not promising the rule of law as a liberal reformer might understand it. The party sits above any legal code and even China’s constitution, its powers unchecked by any court. Indeed, Mr Xi denounces judicial independence and the separation of powers as dangerous foreign ideas.

That law was given its first reading by legislators last month. It is clarifying to ask: why is it needed at all? From kindergarten onwards, young Chinese are taught to love their motherland and the party. It is hard to know how schools could offer much more patriotic education and still leave time for reading or maths. Nonetheless, the legislation is hailed as much needed by official media, and is sure to become law.

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