Forty-Years of the Modernization of Chinese Socialist Legality: Strategy, Lacuna, and Outlook

Abstract

AbstractIt has been forty years since the Chinese Communist Party (CCP) initiated the modernization project of Post-Mao China. As with other sectors, learning from the West was one of the basic strategies taken by the CCP to achieve the modernization of Chinese socialist legality, even as Chinese law is meant to be grounded in the orthodoxies of Marxism-Leninism. In order to learn from the West, the CCP generally adopted an elastic and dualistic approach to reform that is based on the utilitarian incentives of Deng Xiaoping. In the political sector, for example, the CCP looked back into the past and the CCP’s successful experiences under Marxist-Leninist doctrine. The aim was to immunize politics from the influence of western liberal-democratic ideology. But in the economic area, the CCP moved toward the West by vigorously adopting advanced western rules and institutions for managing the economy. This article examines how this strategy formed the basic contours of Chinese socialist legality in the past forty years. The article identifies the resulting internal lacuna, especially with respect to the realization of the “rule of law.” This article also analyses the possible future of a Chinese-socialist rule of law. That possibility will be affected by changing external circumstances, particularly the deterioration of China-US relations.