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Ruling the Country in Accordance with Law: Reflections on the Rule and Role of Law in Contemporary China

UCLA Law School

This article examines rule of law in China. Part 1 distinguishes between (i) substantive or thick theories of rule of law that incorporate elements of political morality, such as particular economic arrangements, forms of government, or conceptions of human rights; and (ii) formal or thin theories of rule of law that focus on features that any legal system must possess to function effectively as a system of laws. Although China does not endorse liberal democracy or a liberal conception of human rights, nevertheless the legal system is intended to serve many of the same general purposes as legal systems elsewhere. Accordingly, thin versions of rule of law are applicable to China. Part 2 then measures the performance of China's legal system against the benchmark of certain features generally accepted by advocates of a thin theory of rule of law.

Key Words: China • foreign investment • legal development • legal theory • rule of law

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