| Most scholars regard law in China as instrumental in nature, with the general perception that law is mainly used as a tool by the Communist Party of China to control all aspects of social and economic activities. The dissertation argues against this static perspective of legal reforms in China and proposes that the Party has begun to regard the rule of law as an alternative means of social and political control.; Indeed, if law is still considered repressive in China, then why has the Party recently advocated the implementation of rule of law as its guiding principle? More specifically, is there evidence to demonstrate that some rule of law characteristics have emerged in Chinese legal practices? Using cross time analysis of court rulings and interview data, along with an examination of the results of several reform measures, the dissertation shows that in a timeframe of approximately two decades, judicial independence, criminal procedure, and constitutional practices have improved significantly, both in written form and in actuality, and these aspects are gradually moving in closer to rule of law principles.; In essence, the Party has demonstrated its willingness to explore the rule of law as an alternative means of social control for several reasons. First, this strategy is used to boost political legitimacy, a vital source of livelihood for Party to survive into the future. Second, the rule of law provides a credible commitment to the business community that the government will not arbitrarily confiscate its investments. This leads to sustained economic development and in return, the government benefits from increased taxation. Third, the rule of law is an efficient method to control and monitor a massive and decentralized bureaucracy.; These policy initiatives are a rational response to fading legitimacy, corruption, and economic reforms. Rather than instituting complete democratic reforms, the Party has been more willing to experiment with more liberal forms of legal institutions. Nonetheless, many problems still exist within the legal and political infrastructure for the rule of law to completely surface in the near future. |
