Event
A Case for Dualism in the Chinese Legal System
Hualing Fu, Professor of Law, Warren Chan Professor in Human Rights and Responsibilities, University of Hong Kong
The Chinese legal system embodies a unique duality under a constitutional trinity: the Communist Party's leadership, responsiveness to popular demand, and legality. The Party's dominance is central, and its prerogative power extends to various spheres, often trumping legal rules. The people's influence is subtle but significant, reflecting China’s responsive authoritarianism. Legality is constrained by Party leadership and the people's interests. Chinese law serves as a tool for vertical control, protecting private rights and regulating social relations horizontally within the Party's defined boundaries, creating a dualist legal system with limited autonomy in significant pockets of the social and economic domains.