China Rule of Law and the West

This book reveals how the Chinese Party-State uses ＂ideo-political education＂ to inculcate young citizens with official narratives on law. It provides an account of China’s version of ＂rule of law＂ under the Yifa Zhiguo paradigm, arguing that authorities see law as a tool to apply when convenient and ignore when it impedes Party-State goals. Moving beyond the question of whether China’s system can count as a rule of law order, this book identifies three consistent features of Chinese law reform since the Opening and Reform era began: the supremacy of the Communist Party of China over the law, instrumentalism, and reform-repression dualism.

This book uniquely combines the ＂what＂ with the ＂how＂ of China’s ＂rule of law＂ efforts. China law researchers will benefit from understanding how China’s young adults learn about official law narratives. A more general audience interested in China’s legal and political system will gain valuable insights from the analysis of China’s ＂rule of law.＂

The growing tensions between China and the West mean that now, more than ever, scholars and policymakers need to properly understand China. Understanding what Chinese officials mean when they talk about the rule of law in China helps avoid policy errors made from mistakenly assuming that Western definitions are universal. The contents of this book can also inform government and university efforts to properly accommodate Chinese students in the West while mitigating harmful manifestations of the nationalist ideology, in part implanted by ideo-political education.

Dr. Michael Hooper is a China law and politics researcher, with 15 years of experience in China, who seeks to help Western audiences understand the role of law in China, how the Chinese Party-state approaches law, and the ways in which it inculcates young Chinese citizens with a state-sanctioned worldview. He holds a Ph.D. in Law and a Bachelor of International Studies from the University of Adelaide. His doctoral research engaged in an in-depth analysis of ideological education in China’s higher education system and the role of a class of lesser-known regulations, known as ＂normative documents＂, that guide its implementation.

Dr. Hooper pursues a broad range of research interests including, but not limited to, China’s unique form of ideological education, the rule of law, law and COVID-19 and Chinese politics and education in general. He publishes in law journals, such as the University of Western Australia Law Review, and China studies journals such as Issues & Studies.