Human Rights in China - Legal System

Legal System

Since the legal reforms of the late 1970s and 1980s, the Chinese Communist Party (CCP) has moved to embrace the language of the rule of law and establish a modern court system. In the process, it has enacted thousands of new laws and regulations, and begun training more legal professionals. The concept of "rule of law" was enshrined in the constitution, and the CCP embarked on campaigns to publicize the idea that citizens have protection under the law. At the same time, however, a fundamental contradiction exists in the implementation of rule of law wherein the CCP insists that its authority supersedes that of the law; the constitution enshrines rule of law, but also emphasizes the principle of the "leadership of the Communist Party." The judiciary is not independent, and judges are liable to face political pressure; in many instances, private party committees dictate the outcome of cases. The judicial system therefore subject to politicization and control by the Communist Party. This has produced a system that is often described as "rule by law," rather than rule of law. Moreover, the legal system lacks protections for civil rights, and often fails to uphold due process.