THE RULE OF LAW IN CHINA: A REALISTIC VIEW OFTHE JURISPRUDENCE, THE IMPACT OF THE WTO, AND THE PROSPECTS FOR FUTURE DEVELOPMENT

The construction of the rule of law in China has become an international concern. This article discusses the impact of WTO accession on China’s legal reform in the context of the rule of law jurisprudence. It discusses the “thin” / “thick” theories of the rule of law, arguing that the Lon Fuller’s “thin” theory of the rule of law is a suitable model in the Chinese context. It sees that the “thin” version creates possibilities for the realization of any “thick” theories of the rule of law, including a liberal democratic version, albeit a sudden jump to this “thick” version is neither pragmatic nor even possible. China’s urgent task at this stage is to build the requisite institutions to facilitate the establishment of a “thin” rule of law. Compliance with WTO obligations can directly help achieve this goal in terms of transparency, impartial application of laws, and judicial review.