Comprehensive law-based governance in China? Legislating authoritarianism in the Xi Jinping era

ABSTRACTThe survival of authoritarianism has become an important issue in comparative political studies in recent years. Apart from power sharing within the ruling group and the relationship between the state and society, the focus is also on how authoritarian regimes consolidate their power through...

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Main Authors: Hsin Hsien Wang, Shan Yun Shi
Format: Article
Language:English
Published: Taylor & Francis Group 2022-07-01
Series:Journal of Contemporary East Asia Studies
Subjects:
Online Access:https://www.tandfonline.com/doi/10.1080/24761028.2022.2120715
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author Hsin Hsien Wang
Shan Yun Shi
author_facet Hsin Hsien Wang
Shan Yun Shi
author_sort Hsin Hsien Wang
collection DOAJ
description ABSTRACTThe survival of authoritarianism has become an important issue in comparative political studies in recent years. Apart from power sharing within the ruling group and the relationship between the state and society, the focus is also on how authoritarian regimes consolidate their power through “rule by law.” By analyzing and comparing various legislative data in China, this study finds that the CCP did become more proactive in its legislation during the Xi period. There was a rapid increase in the number of bills, faster deliberation, and a shift in the major drafting authorities from the former State Council to the National People’s Congress (NPC) and specific party-state institutions. In this regard, comprehensive law-based governance strengthens rule by law rather than the rule of law. A revision of the Organic Law of the NPC [《人大組織法》, Renda Zuzhi Fa] in 2021 increased the power of the NPC Standing Committee (NPCSC), and legislation was made more flexible and efficient. The law also strengthened the consolidation of the legislating authoritarian regime.
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spelling doaj.art-7530339c09494214abe25f35a62ecb712023-04-19T09:53:44ZengTaylor & Francis GroupJournal of Contemporary East Asia Studies2476-10282476-10362022-07-0111219521310.1080/24761028.2022.2120715Comprehensive law-based governance in China? Legislating authoritarianism in the Xi Jinping eraHsin Hsien Wang0Shan Yun Shi1Graduate Institute of East Asian Studies, National Chengchi University, Taipei, TaiwanGraduate Institute of East Asian Studies, National Chengchi University, Taipei, TaiwanABSTRACTThe survival of authoritarianism has become an important issue in comparative political studies in recent years. Apart from power sharing within the ruling group and the relationship between the state and society, the focus is also on how authoritarian regimes consolidate their power through “rule by law.” By analyzing and comparing various legislative data in China, this study finds that the CCP did become more proactive in its legislation during the Xi period. There was a rapid increase in the number of bills, faster deliberation, and a shift in the major drafting authorities from the former State Council to the National People’s Congress (NPC) and specific party-state institutions. In this regard, comprehensive law-based governance strengthens rule by law rather than the rule of law. A revision of the Organic Law of the NPC [《人大組織法》, Renda Zuzhi Fa] in 2021 increased the power of the NPC Standing Committee (NPCSC), and legislation was made more flexible and efficient. The law also strengthened the consolidation of the legislating authoritarian regime.https://www.tandfonline.com/doi/10.1080/24761028.2022.2120715Law-based governancelegislating authoritarianismNational People’s Congress (NPC)Xi Jinpinglegal institutions
spellingShingle Hsin Hsien Wang
Shan Yun Shi
Comprehensive law-based governance in China? Legislating authoritarianism in the Xi Jinping era
Journal of Contemporary East Asia Studies
Law-based governance
legislating authoritarianism
National People’s Congress (NPC)
Xi Jinping
legal institutions
title Comprehensive law-based governance in China? Legislating authoritarianism in the Xi Jinping era
title_full Comprehensive law-based governance in China? Legislating authoritarianism in the Xi Jinping era
title_fullStr Comprehensive law-based governance in China? Legislating authoritarianism in the Xi Jinping era
title_full_unstemmed Comprehensive law-based governance in China? Legislating authoritarianism in the Xi Jinping era
title_short Comprehensive law-based governance in China? Legislating authoritarianism in the Xi Jinping era
title_sort comprehensive law based governance in china legislating authoritarianism in the xi jinping era
topic Law-based governance
legislating authoritarianism
National People’s Congress (NPC)
Xi Jinping
legal institutions
url https://www.tandfonline.com/doi/10.1080/24761028.2022.2120715
work_keys_str_mv AT hsinhsienwang comprehensivelawbasedgovernanceinchinalegislatingauthoritarianisminthexijinpingera
AT shanyunshi comprehensivelawbasedgovernanceinchinalegislatingauthoritarianisminthexijinpingera