Seitenhistorie

In Chinese the „rule of law" is usually referred to as fazhi which literally means "regulating by laws". It is regarded as the antithesis of renzhi (regulating by men); to postulate fazhi is therefore tantamount to negate the long tradition of renzhi. Still in the beginning of the 1980s fazhi as a value of chinese political culture was not unchallenged. Since 1999 however, the constitution stipulates that China "implements (the principle) to rule the country according to law" (yi fa zhi guo) and "establishes a socialist state regulated by law" (jianshe shehuizhuyi fazhi guojia). Therefore fazhi became first and above all an expression for extensive legislation, i.e. lawmaking by the National People's Congress and the State Council (central government). Implementation of the newly created legal rules by administrative bodies and the judiciary as well as legal education became further elements of fazhi. Due to a political system with a "leading party" as its nucleus and the refusal of the doctrine of checks and balances (separation of powers) fazhi tends to be instrumental for political ends rather than limiting political power.