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Rule of Law with Chinese Characteristics : A Contested Landscape

Lavička, Martin LU orcid (2025) In Hague Journal on the Rule of Law 17(2). p.277-298
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... (More)

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.

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Please use this url to cite or link to this publication:
author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
China, Rule of law, Socialist rule of law with Chinese characteristics, Xi Jinping
in
Hague Journal on the Rule of Law
volume
17
issue
2
pages
22 pages
publisher
Springer
external identifiers
  • scopus:105001846313
ISSN
1876-4045
DOI
10.1007/s40803-025-00247-6
language
English
LU publication?
yes
additional info
Publisher Copyright: © The Author(s) 2025.
id
9e4ab8f0-8d99-4003-9481-0e138d646530
date added to LUP
2025-08-22 10:20:32
date last changed
2025-09-01 12:17:51
@article{9e4ab8f0-8d99-4003-9481-0e138d646530,
  abstract     = {{<p>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.</p>}},
  author       = {{Lavička, Martin}},
  issn         = {{1876-4045}},
  keywords     = {{China; Rule of law; Socialist rule of law with Chinese characteristics; Xi Jinping}},
  language     = {{eng}},
  number       = {{2}},
  pages        = {{277--298}},
  publisher    = {{Springer}},
  series       = {{Hague Journal on the Rule of Law}},
  title        = {{Rule of Law with Chinese Characteristics : A Contested Landscape}},
  url          = {{http://dx.doi.org/10.1007/s40803-025-00247-6}},
  doi          = {{10.1007/s40803-025-00247-6}},
  volume       = {{17}},
  year         = {{2025}},
}