Xi Jinping and the Legal Academy: A (Not Only) Empirical Analysis of Xi Jinping Legal Thought

Abstract

In Xi Jinping’s “new era”, Chinese legal academia has changed profoundly. “Xi Jinping thought on law rule” (习近平法治 思想, hereinafter “XJP legal thought”), officially announced in November 2020, now dominates legal academic publications, institutions, and education. My paper scrutinizes the transformation of Chinese legal studies under Xi from an empirical, both quantitative and qualitative, perspective.

Xi himself has a personal legal academic background, earning a PhD in law at Tsinghua; notably, whilst working full-time as the governor of Fujian. However, XJP legal thought does not (only) describe Xi’s personal thoughts but rather the party-state’s official ideology in legal matters. Many claim Wang Huning – formerly Dean of Fudan Law School – to be the “ideological czar” and “mastermind” behind XJP legal thought. Yet, a crucial role in legal ideological development is played by “political academics” like Zhang Wenxian, Wang Xigen and Huang Wenyi. They simultaneously hold law professorships and important positions in the party-state’s science management that influences individual researchers and institutions, e. g., through funding decisions or teaching material approval.

The official influence on Chinese legal studies becomes obvious in academic publishing. First, Chinese legal research swiftly reacts to personal shifts in the party-state: Since 2013, their publications on XJP legal thought have grown almost exponentially. In 2021, the year following the official proclamation of Xi’s legal theories, the number even quintupled. In contrast, articles and books on the legal theories of Xi’s predecessors have sharply decreased since 2014, almost down to zero. Second, Chinese jurists willingly follow terminological changes in the official discourse. When Xi announced the “new era” in 2017, academics immediately picked up the keyword and framed their texts accordingly. The same happened when Xi introduced XJP thought “on law rule” in 2020, as authors instantly changed their terminology pursuant to the new notion. Another crucial foothold of XJP legal thought consists in its institutionalization, e. g., through the reorientation of the China Law Society and the foundation of specialized research centers.

Yet, most consequential is Xi’s influence on legal education, as it shapes future generations understanding of the rule of law. Starting in 2021/22, all law students must take compulsory courses in XJP legal thought. Moreover, Xi’s theories shall “permeate” every law school course in any area as well as legal professional training. Implementing changes in education requires that educators themselves know enough about Xi’s theories. Therefore, law professors and lecturers are “asked” to attend a training course and pass an exam on XJP legal thought. This shall turn students and teachers into “in-depth learners, professional facilitators, active implementers, and vigorous disseminators” of Xi’s legal ideology. In addition, Xi aims at spreading his juristic ideas in Chinese society through pufa (普法), the dissemination of legal knowledge among the general population.

Individuals and institutions in China have manifold reasons to redirect their research and teaching toward XJP legal thought. Some surely are ardent believers and convinced Sinomarxists. But, as the sharp increase in research interest on Xi’s legal theories immediately after their official announcement in 2020 suggests, most academics only follow the push and pull incentives set up by the party-state. By researching and teaching XJP legal thought, jurists can obtain funding, publish in the best journals, and secure academic positions and tenure.

My empirical analysis demonstrates how Chinese legal studies are much more politicized than their counterparts in liberal, constitutionalist countries. In Xi’s “new era”, law and science – and thus legal science – have become increasingly integrated with politics. Hence, Xi’s supreme personal position of political power, combined with his explicit emphasis on legal questions, directly reflects in the supreme scientific status of XJP legal thought in current legal academia.