Rule of law and rule by party can coexist, party scholar says
The rule of law does not conflict with the Communist Party's rule because the country's legal system was established by the ruling party, a mainland scholar says.
The rule of law does not conflict with the Communist Party's rule because the country's legal system was established by the ruling party, a mainland scholar says.
Central Party School professor Xie Chuntao delivered the assessment yesterday as the party started its fourth plenum, a closed-door gathering expected to underscore the rule of law and anti-corruption efforts.
The four-day meeting would debate a draft decision of the party's Central Committee on "major issues concerning comprehensively advancing the rule of law", Xinhua reported, citing sources close to the meeting. The gathering is expected to result in some measures to stop local governments influencing courts and to improve the professionalism of judges.
Addressing a journalists' forum, Xie said the crux of improving the legal system was to ensure officials at different levels were restrained by law.
He added that upholding the rule of law ran parallel with upholding party rule.
"The nation's legal system is established under the leadership of the Communist Party," he said. "Therefore the party should follow the legal system it has established. This is in itself an important demonstration of the party's leadership."
The authorities have repeatedly stressed the need to uphold the rule of law and demanded a more credible judicial system since Xi Jinping was named party chief in November 2012 and president in March 2013. In a statement last month, the Politburo said the rule of law should be promoted under the leadership of the party, while justice and national security should be safeguarded.
Xie said he supported the view that Beijing needed to introduce a mechanism to determine and remedy any violation of the constitution, but he was not sure if such a proposal would come up in the party plenum discussion.
The plenum comes amid a massive party campaign to clamp down on officials violating discipline - a euphemism which usually means corruption.
The party made the rule of law a basic strategy for "socialist modernisation" in 1997, but the nation's legal system is still criticised as corrupt, with local governments standing in the way of fair judicial and investigation procedures.
