Rule of Law in the Classroom: Teacher Interpretation and Application of Policy Regarding Teaching Methods in Undergraduate Ideo-Political Subjects in China

Abstract

While rule of law is already a contested concept, the use by Chinese leaders of the term Yifa Zhiguo, translated as ‘rule of law’ or ‘ruling the country according to law’, in China’s context naturally draws controversy. This thesis interprets China’s Yifa Zhiguo legal paradigm to reveal that the Party-state sees law as a tool for achieving policy goals. This tool is utilised when it suits authorities and discarded when it hinders Party-state objectives. This thesis engages with ongoing debates around the meaning of Chinese ‘rule of law’, compares three common features of liberal rule of law definitions with three features of Chinese law (i.e., Party-state supremacy over law, instrumentalism and reform–repression dualism) and provides a rich historical analysis of Chinese legal reform, with a focus on the post-Mao period. This analysis supports the arguments that China, under the Yifa Zhiguo paradigm, does not have a Western liberal rule of law. Instead, it has a system where the Party-state wields law as its tool. This thesis concurrently proposes that law scholars should approach ‘ideo-political education’ as a subject of legal study. This thesis argues that studying ideo-political education reveals a mechanism the Party-state applies to present and justify its official worldview, including on law and Yifa Zhiguo, to young Chinese citizens. Analysis of the Soviet origins of ideopolitical education, scholarly critiques and the content of official textbooks supports this argument. This thesis not only reveals what students are taught but also examines government policies that guide the implementation of ideo-political education. Finally, interviews with ideo-political subject teachers in Chinese universities explored the relationship between them and policy directives, revealing that teachers were largely unaffected by policy recommendations on teaching methods but were likely influenced by political pressures.