Rule of Law History and Development in China: in Comparison of Australia

Abstract

The article discusses the rule of law development and application in China compared with Australia. In August 2021, the Chinese Central Government issued the Implementation Outline for the Construction of a Government Under the Rule of Law (2021-2025), which indicated the general plan to improve rule of law for the next five years. In the past few years, the Chinese government has made great efforts to promote the rule of law theory. China enforced judicial reform, which improves the judicial independence and professional ability of legal practitioners. Chinese rule of law formation has been influenced by western countries due to previous foreign legal aid and Australian judicial practice has also been influenced by Chinese theory. In Australia, people are encouraged to solve civil disputes via mediation and other alternative dispute resolution (ADR) methods, which may be influenced by Chinese theory of “Fengqiao Experience”. It is important to continue increasing rule of law in China, but it is improper to transplant the Australian theory to China directly due to the different legal culture and history between two countries. Generally, more efforts need to be made for strengthening rule of law in China.