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China’s Communist Party
Opinion
Jeremy Daum
Moritz Rudolf
Jeremy DaumandMoritz Rudolf

Opinion | The West must be prepared to face the growing global reach of China’s laws

  • China’s interest in shaping international norms requires careful evaluation by Western democracies, not crude populist appeals
  • Policymakers worldwide must figure out whether and how Chinese law can be reconciled with Western systems

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Chinese President Xi Jinping (front left) and members of his top leadership (from front to back) Li Qiang, Zhao Leji, Wang Huning, Cai Qi, Ding Xuexiang and Li Xi, in Beijing on October 23. Photo: AP
A recent report by the NGO Safeguard Defenders about the existence of “secret Chinese police stations” in cities around the world has sparked investigations in several European countries and attracted the attention of the FBI. But while these investigations aim to protect the rule of law from subversion, they also highlight how unprepared Western democracies are to grapple with China’s growing international influence.
In their eagerness to appear “tough on China”, Western media and government officials alike have demonstrated their inability – or perhaps unwillingness – to evaluate the Safeguard Defenders report, which is plagued by mistranslations and misunderstandings of Chinese and international legal norms. China’s rising power requires careful technical debate and strategising rather than crude populist appeals.

Since emerging as a global economic and political power, China has increasingly focused on shaping international norms and institutions. Chinese leaders have indeed made extraterritorial jurisdiction a national priority in recent years, adding clauses to domestic laws that aim to expand their reach beyond China’s borders.

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But China’s extraterritorial influence is a natural consequence of its growing interconnectedness with the rest of the world. As its clout grows, policymakers in China and elsewhere must figure out whether or how Chinese law can be reconciled with Western legal systems.

Criminal justice is a small but illustrative example. China has been increasingly aggressive in seeking to repatriate criminal suspects and fugitives, focusing primarily on areas of great concern to the Chinese public, such as online fraudsters targeting China and corrupt local officials who have fled abroad.
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Pursuing such criminals and recovering stolen assets is viewed as an essential component of deterrence and a legitimising demonstration aimed at Chinese citizens of the state’s ability to protect their interests anywhere in the world.

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