In the “New Era” of Xi Jinping thought, a massive structural reform which aims to integrate state organs into Party organs has launched in China. Through this reform, important administrative departments, e.g. civil service, media and religion, were integrated into Party organs, e.g. organization, propaganda and the united front work, in order for Party-central to oversee politically crucial areas and ensure more efficient and effective implementation of the directives ordered by them. According to the “decision” of the 3rd plenum of the 19th central committee, the “Rule of Law” is provided as one of the principles by which the reform is to be abided. However, most of the arguments on this reform by legal scholars remain as mere justification or modest recommendations at most, though there is little explanation from Party or government officials on legal matters affected by the reform. Moreover, there seems to be no arguments on the constitutional problem despite the allegation of infringement against it. Under the propaganda of “the Great rejuvenation of the Chinese nation”, arguments emerge that assert the rule of the Party to be the “Rule of morality”, which is legitimately inherited through history, by likening that flowery party rhetoric to ancient maxims. It is obvious that current Party-state integration has based and put emphasis largely on this rhetoric, rather than the “Rule of Law”. Accordingly, it is crucial for the Party to prove its self-professed morality to be genuine, but the path seems to be steep.

一橋大学大学院法学研究科

2021-11-10

Japanese(jpn)

departmental bulletin paper

VoR

10.15057/72512

1347-0388

AA1161370X

一橋法学

20

3

37

70

20巻3号(2021.11)

https://hdl.handle.net/10086/72512