It is a veritable legal mosaic that Castelluci described in his book Rule of Law and Legal Complexity in the People`s Republic of China as “variable geometries” that are the result of an intersection of unique historical and political experiences, allowing Eastern principles to coexist with Western practices, and an authoritarian one-party political system with an economic organization close to the free market. initiated with the reform and opening-up of Deng Xiaoping. They are closely linked to the so-called “Asian values” enshrined in the 1993 Bangkok Asian Regional Declaration. One consequence of this has been to add fazhi with some elements of new economic and social trends without losing traditional Chinese characteristics. Other constitutional reforms, the most important of which is Article 33, which states: “The State shall respect and guarantee human rights. Note the approach: human rights are not guarantees of the individual, but duties of action of the state. To learn more about China`s legal and judicial system, you can visit the websites of official bodies and institutions, as well as information websites with official training. After the fall of the Iron Curtain, socialist legal systems lost importance. A comprehensive understanding of the rule of law has been consolidated, shaped in particular by the United Nations, the Council of Europe, OSCE, the European Union and the United States, and based on fundamental values and choices such as the separation of powers and the independence of the judiciary, human rights and equality before the law. This approach was reaffirmed in 2012 by United Nations Resolution A-RES-67-1 (Declaration of the High-level Meeting of the General Assembly on the Rule of Law at the National and International Levels). Dr.

Maria Francesca Staiano, in her article “Chinese culture: between tradition and internationalization”, shows from the beginning: “As we approach the study of Chinese law, we must consider a fundamental issue: the strict relationship between law, language, culture, tradition and ideology in the People`s Republic of China. The Chinese legal system uses structures and institutions that Western legal systems do not use, and language is fundamental to an effective understanding of this. China has no customary law. In contrast, China mainly has a civil law system. Another fact to note beyond the language barrier is that the Chinese legal system is inspired by traditional cultural values derived from the Confucian ethic, called Li. When they challenge the Fa, positive law, they are the first to engage in the face of a conflict between different legal positions. Subsequently, the objectives of the XVI National Congress of the Communist Party of China in 2002 were set: (a) improvement of socialist democracy and the legal system; (b) to govern the country by law; and (c) creating a moderately prosperous society. Its seventeenth century of 2007, barely after five years, forced the acceleration of the construction of a socialist rule of law. Finally, in 2010, this task is linked to the establishment of a socialist legal system with Chinese characteristics. Therefore, in future negotiations at international level, it is essential to defend the current concept of the rule of law adopted by the United Nations.

It should be borne in mind, among other things, that the same Chinese side also uses the term rule of law when promoting its ideas, but understands it as something completely different. The legal systems existing in democratic States respect and protect the human rights and fundamental freedoms of citizens. For this reason, civil society organisations are natural interlocutors in projects to promote the rule of law, whether they organise justice observatories or demand and promote access to justice and the independence and integrity of judicial systems. These efforts will not fall on deaf ears in every country. This makes competition between different legal systems clearer. As far as Latin America is concerned, it is important that several countries, such as Uruguay, have very close economic relations with China. Others, such as Ecuador, are already suffering from unsustainable debt to China. The same goes for some European countries such as Montenegro. A few weeks ago, China indirectly supported the judicial coup orchestrated by the government of El Salvador, stressing through its embassy in San Salvador that “respect for sovereign equality and non-interference in the internal affairs of other countries are the fundamental principles of the Charter of the United Nations.” At the same time, the People`s Republic is offering COVID-19 vaccines to Central American countries and strengthening economic cooperation.

The 1982 constitution, which is still in force, concerning principles was inspired by Deng Xiaoping to adapt the best foreign experiences and ideas with axis in national unity, social stability and the four modernizations to the reality of China. He sought to modernize Chinese socialism, both politically and economically, so that “the social needs of the people would be met.” China`s five-year plan for the development of the rule of law (2020-2025) contains a concept of the rule of law that fundamentally differs from the current concept at the United Nations and contradicts the interests of the European Union and the United States. The main points of contention are the strict rejection of the separation of powers/independence of the judiciary, the completely different understanding of human rights, data protection and privacy as well as democracy. In addition, the Chinese concept expects digital systems to replace the decisions of an independent judiciary in important areas. China`s legal system is based on three levels (laws, administrative regulations and local regulations with the constitution as the backbone) and seven areas: civil, commercial, economic, social, criminal, contentious and non-contentious.