“Rule of law” with Chinese characteristics: Evolution and manipulation

Government under law or law under government? Rule of law or rule by law? That was the hotly debated constitutional law topic in China during the last two decades of the twentieth century. In her article, “Shifting Meanings of Fazhi and China’s Journey toward Socialist Rule of Law”, Professor Ye gives us a careful and thoughtful analysis of relevant developments that includes the decisive outcome reinforced by current Communist Party chief Xi Jinping. Drawing upon China’s imperial traditions and dictatorial Legalist philosophy, Xi wields law as an instrument of comprehensive official power, although in practice his repression strays into Communist lawlessness.

Accountabities of Land-ownership’s Representative in Vietnam

This article focuses on the State's accountability as an owner representative in the process of land management in Vietnam. Based on the requirements of building a socialist rule of law state and the people’s land ownership, the article points out the gaps in law and barriers in the process of exercising accountability in the field of land management. On that basis, the article proposes solutions to improve the law to ensure the accountability of the State, through the relevant agencies, that are assigned the right to represent the land owner in Vietnam

The Changing Perspectives of Chinese Law: Socialist Rule of Law, Emerging Case Law and the Belt and Road Initiative

This article identifies and clarifies some of the miscommunication between Chinese and English in the discussion of rule of law or rule by law. “Rule by law” is not a concept readily understandable by a Chinese audience because there is no acceptable translation or equivalent in Chinese. At the same time, the historical and contextual significance of the different denotations of “rule of law” in Chinese is often overlooked in an English-speaking environment. Meanwhile, the abstraction in critical examination of Chinese law often masks significant changes taking place in China’s construction of a “socialist rule of law with Chinese characteristics”, such as the emergence of a system of case law. The different components and aspects of such a system, ranging from the guidance cases system published by the Supreme People’s Court, to the largest database of judicial decisions in the world, and the newly established China International Commercial Court under the Belt and Road Initiative could fundamentally alter and structure, nature and principles of Chinese law as we know it.