China's traditions make it hard for the rule of law to root

Speculation abounds about how China will turn words into action following last month's fourth plenum of the 18th party congress, which was unprecedented in being devoted to "the rule of law" or "ruling the country by law".

The proposed reforms, though laudable, may lead one to ponder how these could take root in a society that, according to Randall Peerenboom in China's Long March toward Rule of Law, possesses "a low level of legal consciousness".

In The Concept of Law, H.L.A.Hart argues the primary rules of a legal system - what one must or must not do - require the support of "social pressure".

The plenum's October 28 "decision" apparently took on board the concept of legal culture. It says: "We must make the people understand that the law is a powerful tool to guarantee their own rights and is a behavioural standard that must be respected; strengthen the consciousness in the entire society about learning the law, respecting the law, abiding by the law and using the law; and ensure that the people master, respect and use the law."

It further vows to "build a socialist rule of law culture … shape a social atmosphere in which abiding by the law is honourable and violating the law is disgraceful". It goes on to envisage a "rule of law propaganda" from party cadres down to the masses, including making "rule of law education" compulsory for all school-aged children.

In a 1997 letter to The New York Times, sinologist Perry Link said "popular attitudes" were "nearly as important" a barrier as "authoritarian rulers" to the rule of law. Instead of viewing the law as "a tool to help the little guy", Chinese people traditionally looked up to a virtuous higher official to rein in a bad one. For years, petitioners flocked to Beijing in search of such a messianic figure.

The Standing Committee of the National People's Congress has recently passed a law encouraging people to sue rather than petition the government.

There are arguably "Chinese characteristics" embedded in the indigenous concept of justice, in which guanxi, human feelings ( renqing) and a sense of reasonableness ( li) are ideals for a people who predominately value harmony over legalism.

Yet legal consciousness is rising as the nation modernises. To see what kind of rule of law is in store, watch how the leadership takes on disgraced former party strongman Zhou Yongkang - whose fate had been expected to be publicised in the fourth plenum.

Dr Karen Lee is assistant professor at the Institute of Education's department of social sciences