The Party and the Law: China’s Legalization of Party Punishment

The most significant legal innovation that Xi Jinping plans to institute to expand his anti-corruption campaign is the anticipated creation of a National Supervisory Commission in March 2018. This institution will require the adoption of new legislation and Constitutional revisions. In effect it will consolidate the control of the Chinese Communist Party's discipline inspection over all government employees, not only Party members.
What emerges from this project is an assertive agenda to reinforce the Party's dominance by blending its institutions into the formal legal system. This paper investigates the relevant processes to shape the legal system in accordance with the Party's ideological identity and argues that they mark a major turn against the modern identity that China's legal system sought to represent during the opening and reform era. It examines what Beijing perceives to be the desirable relationship between the Party and the law in the Leninist Party-state of tomorrow.