The evolution of the PRC’s legal system: the building of the rule of law, its resemblance with the concept of Socialist Constitutionalism. Possible mid-term scenarios

Abstract

In the year 1999 the then president of the Shanghai Academy of Social Sciences Zhang Zhongli put forward a proposal to the National People’s Congress (NPC), commending the promulgation of anti-corruption legislation. It was the first proposal of its kind to China’s top legislature. At last, in March 2013 the NPC revealed a timetable of anti-corruption legislation. In November 2013 the 3rd Plenum of the 18th Communist Party of China (CPC) Central Committee made the decision to deepen reforms comprehensively and promoting the modernization of the governance system. Many aspects of the reform are related to the rule of law, and struggling against corruption is the latter’s paramount tool. That’s perhaps why in 2014 the CPC laid out specific requirements on improving the State’s legislation on corruption. The fight against corruption not only will give the leadership of the People’s Republic of China (PRC) a grip on the construction of a clean government, but also boost China’s economy, as the rule of law is the hallmark of a market economy. This paper will aim at probing into the transformations of China’s legal system, analysing its evolution from “rule of man” to “building a legal system”, to “rule of law” and finally to the “rule of the Constitution”. Given the different understanding on the meaning of “rule of law” between the Euro-American vision and the Chinese vision, this study will also intend to explain the concept of “rule of law” according to the CPC view (which, in the Western mindset, could be best understood as “Socialist constitutionalism”). Finally, a few considerations will be presented on the possible outcome of this thrust towards modern governance, presenting three scenarios which span from an optimistic to a pessimistic one, and includes a most likely (neither “emulation of Singapore” nor “disorder”, but rather a gradual political evolution).