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Building the Rule of Law with Chinese Characteristics
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Editor's note: In the digital era, how to regulate the virtual reality world's activities and better protect people's rights in cyberspace? Besides filing lawsuits in courts, are there any other channels to deal with disputes and disagreements? And nearly 30 million people in China are hearing-impaired... how are their legitimate rights and interests protected? In this special episode of Closer to China, let's see how the Chinese society runs with rule of law.

To President Xi Jinping, rule of law is of highest importance. Rule of law is the third of the Four Comprehensives, which was President Xi's first overarching, guiding theory of governance, formalized in late 2014 and 2015. More recently, "Xi Jinping Thought on the Rule of Law" is a foundation of his political leadership. As the Party puts it, if the rule of law prospers, the country will prosper; if the rule of law declines, the country will be in chaos. President Xi stated, "No country that has successfully achieved modernization has not solved the problems of the rule of law and the rule of man." Xi Jinping Thought on the Rule of Law is said to form a complete system of laws and regulations, which we explore in terms of its goal, principles and strategies. President Xi stresses, "Comprehensive rule of law is a systematic project" requiring coordination, integrity and synergy. Here, we examine diverse expressions of rule of law with three case studies: legal system access by deaf citizens; new rules and venues for internet-related legal matters; and mediation and dispute resolution at grassroots governance.

China calls its people-centered approach the fundamental difference between the socialist rule of law with Chinese characteristics and the capitalist rule of law, a view, unsurprisingly, that western legal experts would challenge. Chinese experts call for making the rule of law system more complete and more systematic, develop law for emerging fields, strengthen legal supervision, crack down on corruption, strengthen legal protection and improve judicial training. There is also a puzzle. Strengthening the rule of law is said not to weaken the rule of the Party. How can this be?

In the past, many local officials simply ignored the law, as if not being subject to law was a privilege of their positions. Some took bribes to subvert law enforcement and judicial process for personal gains. Some were just ignorant. However, President Xi has now made it clear that all Party officials must abide by the law. Moreover, there are no statute of limitations for corrupt judges; even after retirement, they can be prosecuted. Critics claim that, in reality, the Party's way is rule by law, not rule of law, in that the Party uses the law to rule, but itself is not subject to law. Party theorists refute this charge, stating that in the vast majority of cases, the law reigns supreme and indeed the Party protects the rule of law, and that rare exceptions would follow the Chinese characteristic "rule of virtue." Six words summarize aspirations of the Rule of Law: people-centered, comprehensive, systematic, fair, just and equal.

(Dr. Robert Lawrence Kuhn is a renowned expert on China. For more than 30 years, he has worked with China's leaders and advised the Chinese government. Dr. Kuhn was awarded the prestigious "China Reform Friendship Medal" and "Chinese Government Friendship Award," the highest honors China gives to foreign nationals for their contribution to the country's development.)

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