China's Governance: Rule of Law vs. Rule by Law - Essay Sample

Introduction

Governance has been a significant issue that has triggered scholars to debate on the best forms of social development. This debate sought to analyze the management in China and evaluate whether it is based on rule of law or rule by law. Rule by law is governance where the law is applied subjectively to society. Conversely, rule of law makes everyone equal regardless of social or political class. From the debate, it was established that China is a good example of a country has been governed by a system of rule by law as opposed to the rule of law. Despite the progressive efforts, the country has experienced arbitrary governance as well as the social controls over the years that are founded on dictatorship, as evident from the group discussions.

Is your time best spent reading someone else’s essay? Get a 100% original essay FROM A CERTIFIED WRITER!

Save 25%

In the group discussion, it was highlighted that China is a country that is governed by rule by law, where the courts, the security personnel, as well as the prosecutors are governed by the Communist Party. According to the group's discussion, the most substantial evidence was that the government does not support the dual-tract system, as they intended to slow the market and the SOE reforms. Such measures demonstrate that the country is not free to decide on the best approaches as there is governmental interference, which impacts on legal compliance and democracy. The government has also been maintaining price controls over the will of the people. It should be noted that Chinese governance has maintained a system of rule by man where the government officials misuse power to suit their policy (Li 129). However, the group's weakest evidence was that the government interferes with the national economy. Although China has not implemented rule of law, the government must develop policies that facilitate economic growth and improve the markets.

However, the class discussion illustrated that rule by law is not just based on business development and the cultural explanations as some people tend to perceive. In this regard, it is evident that the attitudes and beliefs that characterize the legal profession do not define the rule by law in an institution (He 23). In some regions like Hong Kong, there are different judicial systems although the entire place has a similar culture. Therefore, the class' discussion highlighted the need to expand the thinking and view the governance in China from the Confucian ideas regarding the rites and virtues. This evaluation will enable an understanding of the institutional and traditional influences that explain the nature of governance in China. Therefore, I believe that the class gave the most powerful position regarding the social understanding of community and how it influences management in China.

From the points articulated in the group discussion, I agree with the overall position that China is a country that is based on rule by law as opposed to rule of law. The legal system should, however, be evaluated from the perspective of the cultural foundation, rites, and virtues that have influenced the nature of the governance. Although reforms are required in the country to enable more democracy and development of market structures, they should be carried out with an understanding of the national heritage and the foundation of Confucian ideas that have been imperative in societal norms. In this regard, I would wish that China adopts a rule of law system that maintains the traditional social heritage, that will allow the citizens to fully abide by law and be proud of their culture.

Works Cited

He, Weifang. In the Name of Justice: Striving for the Rule of Law in China. Washington, D.C: Brookings Institution Press, 2012.

Li, Yuwen. The Judicial System and Reform in Post-Mao China: Stumbling Towards Justice. Farnham: Ashgate, 2014.