By Jerome A. Cohen
Here is my essay (linked here, abstract below) commenting on the analysis of a fine Chinese scholar now teaching law in New Zealand, Professor Ruiping Ye. Professor Ye's article, “Shifting meanings of fazhi and China’s journey toward socialist rule of law,” is available here.
“Rule of law” with Chinese characteristics: Evolution and manipulation
Abstract: Government under law or law under government? Rule of law or rule by law? That was the hotly debated constitutional law topic in China during the last two decades of the twentieth century. In her article, “Shifting Meanings of Fazhi and China’s Journey toward Socialist Rule of Law”, Professor Ye gives us a careful and thoughtful analysis of relevant developments that includes the decisive outcome reinforced by current Communist Party chief Xi Jinping. Drawing upon China’s imperial traditions and dictatorial Legalist philosophy, Xi wields law as an instrument of comprehensive official power, although in practice his repression strays into Communist lawlessness.