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7 - The Rhetoric of Law

Published online by Cambridge University Press:  24 March 2022

Wei Cui
Affiliation:
University of British Columbia, Vancouver
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Summary

While notions of law signify little to ordinary Chinese taxpayers, they matter a great deal for political actors. Deconstructing the political rhetoric of law requires a reflective account of law. Chapter 7 begins with the idea that every legal system must have certain rules of recognition: commonly known criteria for determining which social norms are legal norms. Such a set of rules exists in China, but the government mostly bypasses the use of legal instruments. This disuse of law fundamentally marginalizes the roles of China’s legislative bodies and courts, without the need for direct subversion of their operations. Along with the marginalization of law comes selective, political invocations of law: I offer numerous examples from policies on the PIT, CIT and property taxation from recent years. This political rhetoric of law stands in contrast to the government’s invocations of law during the 1980s, when the concept of law in taxation conveyed the notions of consistency, the legitimate use of the state’s coercive power, and social norms of compliance. After China found substitutes for law in the tax administration practices that evolved since the 1990s, however, law became relegated largely to political discourse.

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Publisher: Cambridge University Press
Print publication year: 2022

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  • The Rhetoric of Law
  • Wei Cui, University of British Columbia, Vancouver
  • Book: The Administrative Foundations of the Chinese Fiscal State
  • Online publication: 24 March 2022
  • Chapter DOI: https://doi.org/10.1017/9781108868648.008
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  • The Rhetoric of Law
  • Wei Cui, University of British Columbia, Vancouver
  • Book: The Administrative Foundations of the Chinese Fiscal State
  • Online publication: 24 March 2022
  • Chapter DOI: https://doi.org/10.1017/9781108868648.008
Available formats
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To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The Rhetoric of Law
  • Wei Cui, University of British Columbia, Vancouver
  • Book: The Administrative Foundations of the Chinese Fiscal State
  • Online publication: 24 March 2022
  • Chapter DOI: https://doi.org/10.1017/9781108868648.008
Available formats
×