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    Anasayfa » Xi Jinping’s Legal Perspective: Chinese Philosophy and Party Leadership
    Analysis

    Xi Jinping’s Legal Perspective: Chinese Philosophy and Party Leadership

    Zeynep Çağla ERİNBy Zeynep Çağla ERİN24 November 2025
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    “The first volume of Selected Works on Law by Xi Jinping was published on 16 November 2025 by the Central Institute of Party History and Literature of the Communist Party of China (CPC). Comprising 69 texts, this work is not only the ideological foundation of domestic legal reforms; it also functions as a strategic manifesto aimed at projecting China’s principles of ‘governing the country according to law (yifa zhiguo),’ ‘Party leadership (dang de lingdao),’ and ‘people-centered development (yi renmin wei zhongxin)’ onto the global order.”[i][ii]

    The work constitutes the most comprehensive summary of the theoretical and practical leap in the field of law achieved since the 18th National Congress held in 2012. In the text, Xi systematically sets out the founding principles of the socialist legal system with Chinese characteristics. It also presents the ideological and legal manifesto of China’s rise as a norm-creating actor in the 21st-century global order. 

    Xi’s legal thought reproduces the historical dialectic between the Confucian concepts of li (ritual, morality, social harmony) and fa (written law, punitive sanction). In traditional Chinese thought, li represents internalized moral authority, while fa denotes external coercive enforcement; Xi constructs the notion of a ‘socialist legal civilization’ above and beyond this duality. The commonly utilized phrases ‘governing through virtue (de yi le zhi)’ and ‘governing through law (fa yi le zhi)’ create a unique integration that combines China’s ancient governance practices with the principles of Marxist historical materialism. This integration emphasizes the importance of collective well-being and social harmony over individual rights, presenting a valuable alternative to the Western model of individualistic liberal law.[iii]

    In Xi’s discourse, the principle of ‘the Party’s comprehensive leadership over law’ represents a contemporary fusion of the Leninist concept of ‘democratic centralism’ and the Confucian idea of zhengming (rectification of names). The Party occupies the position of the creator, supervisor, and ultimate interpreter of the law. The principle of ‘the Party’s leadership in all matters,’ one of the 14 fundamental tenets of Xi Jinping Thought incorporated into the Constitution at the 19th Party Congress, has also taken concrete form in the legal sphere. This structure constitutes the institutional guarantee behind China’s major achievements rapid development, the eradication of poverty, and the preservation of social stability in a nation of more than 1.4 billion people.[iv]

    The People’s Congress System, along with the mechanism of multi-party cooperation and political consultation, represents a unique type of democracy that enhances China’s decision-making processes by involving millions of citizens. Xi embodies the principle of ‘a nation led by its people’ not only through elections, but also by engaging the public in all phases of legislative, executive, judicial, and supervisory activities. This approach provides a practical and sustainable development-democracy model for countries in the developing world.[v]

    The segments focused on international law in Xi’s compilation outline the legal underpinnings of China’s concept of a “community with a shared future for humankind.” In its analysis of global agreements like the UN Charter, the Paris Accord, and the Convention on Biological Diversity, China emphasizes the values of sovereign equality, mutual benefit, and common but differentiated responsibilities.

    Xi’s initiatives in Global Development, Security, Civilization, and Governance emphasize a diverse perspective on international law that counters the dominance of Western norms. Xi’s legal philosophy serves as the ethical and legal foundation for a 21st-century Pax Sinica. In ancient China, the idea of Tianxia was not associated with a specific territorial empire but with a framework based on moral leadership. Modern China has redefined this notion as a ‘community with a shared future for humankind,’ suggesting a global framework that aims to be harmonious, thriving, and environmentally sustainable.[vi]

    Pax Sinica is not a hegemonic peace like Rome’s Pax Romana or Britain’s Pax Britannica; it is an ethical peace grounded in the coexistence of different civilizations, mutual learning, and shared prosperity. The foundational pillars of this order are as follows:[vii]

    • The right to development is regarded as the supreme human right, and no country may obstruct another country’s right to development.
    • While sovereignty and territorial integrity are preserved absolutely, ‘win–win’ cooperation is encouraged.
    • Multilateralism is taken as the basis of global governance; no country may employ unilateral sanctions as a weapon.
    • Dialogue and mutual learning among civilizations lead to shared prosperity rather than conflict.

    Since 2013, through the Belt and Road Initiative, China has signed cooperation agreements with more than 150 countries and over 30 international organizations. Between 2022 and 2024, more than 200 projects were implemented with 78 countries under the Global Development Initiative. These projects encompass not only infrastructure, but also elements of soft power such as legal frameworks, the harmonization of standards, and local capacity-building.

    The contemporary interpretation of the Tianxia idea is based on the notion that unity leads to harmony. Xi’s selection in legal matters acts as the legal and institutional assurance of this idea. China does not simply copy Western models nor aims to supplant them; rather, it offers insights and solutions to the common issues facing the world such as climate change, pandemics, ethical concerns in artificial intelligence, and nuclear proliferation drawing from Chinese knowledge.

    In conclusion, the first volume of Xi’s Selected Works on Law serves both as a theoretical overview of China’s domestic legal system and as China’s manifesto for an ethical, pluralistic, and sustainable global order in the 21st century. Future volumes will further highlight China’s norm-creating capacity in new frontier domains such as cyberspace governance, artificial intelligence ethics, polar law, and deep-sea mining. Thus, for the first time in human history, a non-Western civilization is becoming a leading actor contributing to global public goods by harmonizing universal values with its own historical heritage. This process signals the emergence not of a unipolar or a conflictual multipolar world, but of a genuine community of civilizations with a shared future.


    [i] “Çin’de “Hukukun Üstünlüğü” Konulu Seçme Eserler Yayımlandı”, Türkiye-China, https://www.turkiyechinanews.com/haber/16561/cin-de-quot-hukukun-ustunlugu-quot-konulu-secme-eserler-yayimlandi.html, (Date Accession: 19.11.2025). 

    [ii] “Selected works of Xi Jinping on rule of law published”, CGTN, https://news.cgtn.com/news/2025-11-16/Selected-works-of-Xi-Jinping-on-rule-of-law-published-1IlUbpxx8ek/p.html, (Date Accession: 19.11.2025). 

    [iii] Lin, D., & Trevaskes, S. (2020). Law-morality ideology in the Xi Jinping era. Law and the party in China: ideology and organisation, 121-48. 

    [iv] Zhou, M. (2021). Çin’de Xi Jinping döneminin kavramları: İnsanlığın ortak kader topluluğu (D. Kızılçeç, Çev.). İpekyolu Kültür Edebiyat Yayın.

    [v] China’s State Council Information Office of the People’s Republic of China. (2021). Full text: China: Democracy that works.http://english.scio.gov.cn/whitepapers/2021-12/04/content_77908921.htm, (Date Accession: 19.11.2025). 

    [vi] “A Community with a Shared Future for Mankind and Chinese Worldview of Tianxia”, China Focus, http://www.cnfocus.com/a-community-with-a-shared-future-for-mankind-and-chinese/, (Date Accession: 19.11.2025).  

    [vii] “How Xi Jinping’s “New Era” Should Have Ended U.S. Debate on Beijing’s Ambitions”, CSIS, https://www.csis.org/analysis/how-xi-jinpings-new-era-should-have-ended-us-debate-beijings-ambitions, (Date Accession: 19.11.2025).  

    Xi Jinping’s Legal Perspective: Chinese Philosophy and Party Leadership
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