Skip to main content Accessibility help
×
Hostname: page-component-76fb5796d-5g6vh Total loading time: 0 Render date: 2024-04-26T08:48:06.582Z Has data issue: false hasContentIssue false

Conclusion: From Party’s Fear to People’s Fear

Published online by Cambridge University Press:  18 June 2021

Get access

Summary

Abstract

The conclusion focuses on law and legal practice in the post-Mao era after China reopened to the world and tried to embrace the West and world trade. As part of China's comprehensive reform, legal reform is one of the bright spots. The Chinese government has not only restored some legal institutions such as lawyers but also promulgated thousands of new laws. In 1997, Chinese leaders pledged that China would implement the rule of law. However, the fear of losing its power remains the top priority for the Chinese judicial systems. Whenever there is a threat to the Party rule, the judicial systems would quickly and resolutely punish the offender/s. After 2008, the Party reaffirms its firm control over the judicial systems and in a number of high-profiled cases, the judicial systems have convicted renowned critics such as Liu Xiaobo and Xu Zhiyong to long prison sentences. So long as the Party's fear of insecurity exists, the judicial systems will always be the loyal “Knife Hilt” of the Party.

Keywords: legalism, legal reform, party's fear, party's weapon

From its birth in the late 1920s to the end of the Cultural Revolution, the Chinese Communist judicial system had seen a coexistence of fear of losing power, legal instrumentalism, and legalism, albeit certain elements outweighed the others in some periods. Built on fear, the Communist judicial system was meant initially to be a violent and powerful instrument safeguarding CCP power and countering political enemies in the midst of life-and-death wars with the GMD, its foremost adversary. Having expelled the GMD to Taiwan and created the PRC, the CCP continued to fear for its security in the face of volatile and hostile domestic and international adversaries. That concern prompted the Party to launch intermittent campaigns (1950-1952, 1955-1956, 1957-1960, 1962, 1966) in which the judicial system (and military commissions in early years) acted as a coercive and faithful instrument of the Party. However, many Party leaders and judges at both high and local levels still adhered to basic legal principles and respected legal professionalism such as equality before the law, judicial process, and litigants’ rights to defense or appeal. More important, the concomitant of the three crucial elements that has long accompanied the Chinese judicial system did not end in the post-1978 reforms. Rather, we can predict with assurance that all three elements will persist so long as the CCP survives.

Type
Chapter
Information
Publisher: Amsterdam University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×