LThe Standing Committee of the National People’s Congress, Communist China’s legislative body, passed a resolution on January 1^um September the law on the immunity of foreign states. From 1^um They can now be tried in Chinese courts in January 2024. This new law complements a series of regulations intended to regulate the activities of foreigners, be they individuals or legal entities such as companies, and represents an important step towards promotion, according to the official press release “The rule of law based on Xi Jinping’s thoughts”. The initially economic, then technological war with the United States has become legal. Which is not without consequences for the business world.

On February 26th The Chinese Communist Party (CCP) and the government solemnly issued a joint guideline entitled “How to Consolidate Education and Legal Doctrine in the New Era.” In this document, in which the name Xi Jinping is omnipresent, “Constitutionalism”, “the separation of the three powers” And “Independence of the judiciary” are qualified as“wrong expectations” Of the West. According to this text, China must build its own Marxist legal order “with red DNA” and promote “Legal doctrine permeated by Xi’s thoughts”. As a great planner, the government orders the establishment of a global legal order “with Chinese characteristics” before 2035…

Because Beijing has no intention of restricting its “Made in China” law within its borders. The party calls on its academic lawyers to strengthen international exchange in order to increase it “The Narrative Power and Influence of Legal Theory with Chinese Characteristics” abroad. But out of modesty…or caution, Chinese academics seem unwilling to share the results of their reflections on the spirit of President Xi’s law with their Western colleagues by resorting to the game of (non-)translation. On their Chinese homepages, the law faculties of the two most prestigious universities – Tsinghua and Beida (Peking University) – show an exemplary presence and claim to study Xi’s legal theory. But they don’t say a word about it on their English pages…

Take over

Since 2001, the People’s Republic plunged into the tide of globalization, but had adopted the American-European concept of the rule of law (Rule of law), inextricably linked to democracy, breaking with the Maoist era when the legal profession was simply banned and the courts liquidated. At that time, the legal world in China and abroad expressed a certain enthusiasm for the legal development of the future second world power.

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