Comprehensive law-based governance in China? Legislating authoritarianism in the Xi Jinping era

Abstract

ABSTRACT The survival of authoritarianism has become an important issue in comparative political studies in recent years. Apart from power sharing within the ruling group and the relationship between the state and society, the focus is also on how authoritarian regimes consolidate their power through “rule by law.” By analyzing and comparing various legislative data in China, this study finds that the CCP did become more proactive in its legislation during the Xi period. There was a rapid increase in the number of bills, faster deliberation, and a shift in the major drafting authorities from the former State Council to the National People’s Congress (NPC) and specific party-state institutions. In this regard, comprehensive law-based governance strengthens rule by law rather than the rule of law. A revision of the Organic Law of the NPC [《人大組織法》, Renda Zuzhi Fa] in 2021 increased the power of the NPC Standing Committee (NPCSC), and legislation was made more flexible and efficient. The law also strengthened the consolidation of the legislating authoritarian regime.