Rule of Law With Chinese Characteristics

Abstract

The phrase “rule of law with Chinese characteristics” is a slogan that has been used to suggest that China is embracing the Western ideal of rule of law with some Chinese modifications. Using World Justice Project (WJP) data on rule of law, this chapter shows that while China has made significant progress toward the rule of law, it is far short of reaching the rule of law ideal as measured by the WJP. Using social psychological data from Geert Hofstede’s dimensions of national culture, the chapter shows that Chinese culture interferes with certain aspects of the rule of law. In particular, China’s relatively weak cultural commitment to the dimension of individualism interferes with substantial progress in the protection of fundamental rights, and China’s tolerance of centralized and unequal power distribution makes it more difficult to limit governmental powers. Because of the influence of these cultural dimensions, it may be that China may never achieve Western ideal rule of law (as compared to rule by law). The Chinese Communist Party’s unitary hold on power and the Chinese people’s cultural tolerance of such centralized power, combined with a strong cultural commitment to collective interests over individual interests, make it unlikely that China will reach the Western ideals of rule of law. However, Chinese culture also has a long-term orientation that is more open and pragmatic that may, in the long run (as in centuries), result in significant progress toward the rule of law. It is possible that China will continue to move toward rule of law and eventually achieve something similar to the rule of law as seen in countries like Japan, Singapore, and South Korea.