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> Second, Xi Jinping can easily lose in a CCP court, he just has to go against the will of the party members of the CCP enough. Xi Jinping is below the Politbur
by tripletao 6y ago
> Second, Xi Jinping can easily lose in a CCP court, he just has to go against the will of the party members of the CCP enough. Xi Jinping is below the Politburo as well as the National People's Congress. He simply is kindly advised not to act in ways that would lead to his removal, just as other Chinese presidents often had their hands tied. He is not reliably above the law.
Xi can certainly lose power, but the actions that would cause this lack much relationship to the stuff written down in books labeled "Chinese Law". Xi's power is a bit less absolute than a traditional dictator's (and that dictator still answers to the will of the military, of the business elites, of the citizens overall, or of anyone else who with sufficient motivation might assemble a coup), but not by much and with similar form.
The limits on Xi's power are primarily from that informal consensus of people capable of directing and exercising hard power, not any expectation that those people will behave according to their best, good-faith interpretation of written law. That written law always has ambiguities, and the need for judges to resolve those ambiguities creates a political element in any judicial system; but if you think the extent of that political influence is in any way comparable between the USA and PRC, then you're simply mistaken.
What is your experience with China and the USA? Have you dealt practically with either legal system, or business at a level that involves political considerations? I've seen lots of people develop views like yours based on stuff they've read on the Internet, but I've never seen such views survive actual contact with the respective systems.