Chinese Law and Politics Blog

Chinese State Council White Papers and the "Turn Against Law”

In recent years, Chinese central authorities have turned against a range of legal reforms that they had pursued in the late 20^th century. They have de-emphasized judicial professionalization.  They have increased the harassment and abuse of public interest lawyers.  And since 2006, Party authorities have pursued “Socialist Rule of Law” political campaigns re-emphasizing Party supremacy and warning against the infiltration of “Western” rule-of-law concepts.   (For more on this, see here.)

Official Chinese rhetoric with regard to legal reform has also changed.  Comparing two State Council White Papers - China’s Efforts and Achievements in Promoting the Rule of Law (2008) and the Socialist Legal System With Chinese Characteristics (2011) illustrates this shift.

The Chinese Bar Exam and the “Turn Against Law”

In recent years, Chinese central authorities have turned against a range of legal reforms that they had pursued in the late 20^th century – a professional judiciary, resolving administrative and civil disputes through court trials, and so on. (For more on this, see here.)

These reflect deeper shifts in political winds blowing from the top of the system.  Starting in 2006, Party authorities launched “Socialist Rule of Law” political campaigns re-emphasizing Party supremacy and warning against the infiltration of “Western” rule-of-law concepts.  These new ideological efforts have become a regular feature within Chinese courts and other legal institutions, reflected in new materials for judges to review in internal political study sessions.

Changed state attitudes have shown up in another venue as well – namely, the national judicial examination (sifa kaoshi).