Law and the Party in China

Ideology and Organisation

Rogier J. E. H. Creemers, Susan Trevaskes

• Publisher: Cambridge University Press
• Year: 2021
• Print ISBN: 9781108836357
• eBook ISBN: 9781108875998
• Topic: Law
• Subtopic: Law Theory & Practice
• Index: Law

In the Xi Jinping era, it has become clear that the rule of law, as understood in the West, will not appear in China soon. But was this ever a likely option? This book argues China's legal system needs to be studied from an internal perspective, to take into account the characteristic architecture of China's Party-state. To do so, it addresses two key elements: ideology and organisation. Part One of the book discusses ideology and the law, exploring how the Chinese Communist Party conceives of the nature of law and its position within its broader range of policy tools. Part Two, on organisation and the law, reviews how these ideological principles manifest themselves in the application of law, as well as the reform of the Party-state. As such, it highlights how the Party's plans and approaches run counter to mainstream theoretical expectations, and advocates a greater attention to the inherent logic of the system itself.

Table of contents

• Cover
• Half-title
• Title page
• Copyright information
• Contents
• List of Contributors
• List of Abbreviations
• 1 Ideology and Organisation in Chinese Law: Towards a New Paradigm for Legality
• Part I Ideology and the Party in Law
• Part II Ideology and the Party in Law and Organisation
• Glossary of Chinese Terms
• Index