Ruling Xinjiang According to Law

Containing and Constraining

Abstract

This article explores the centrality of the phrases ‘rule of law’ and ‘ruling the country according to law’ in Chinese political discourse under Xi Jinping, focusing on their application in the governance of the Xinjiang Uyghur Autonomous Region (XUAR). It examines the impact of Xi’s vision on the region’s minoritised populations, particularly regarding their religious and cultural practices. Through a close reading of Chinese academic, policy, and normative documents on ‘ruling Xinjiang according to law’, the article concludes that while the systematisation and professionalisation of judicial and governance processes in Xinjiang might suggest a move towards the rule of law, the reality is far more complex, especially considering Beijing’s emphasis on the security and stability of the area. This complexity presents significant challenges to the region’s minoritised communities and their ability to preserve their unique ways of life. Rather than adhering to essential criteria of the rule of law, such as the separation of powers and the supremacy of law, China is establishing a socialist rule of law with Chinese characteristics, which challenges the conventional understanding of the concept and ‘enriches’ it with the compulsory loyalty to the Chinese Communist Party (CCP) and Xi Jinping Thought.