China’s Human Rights Mirage: Rule by Party, Not Rule of Law

By Khedroob Thondup

China’s ruling Communist Party does not believe in universal human rights or the rule of law as understood internationally. Instead, it substitutes “development rights” and Party supremacy for individual freedoms, while systematically repressing dissent, minorities, and civil society.

China’s Approach to Human Rights. 

Party supremacy over the law: In China, the CCP stands above the constitution and courts. Laws are tools of governance, not constraints on state power. Arbitrary detention, enforced disappearances, and politically motivated trials are widespread. 

Redefinition of rights: Beijing insists that economic development is the “primary human right,” dismissing civil and political rights as Western constructs. This lets the state claim progress while ignoring freedom of speech, religion, and association. 

Control through technology: China operates one of the world’s most extensive censorship and surveillance systems, blocking foreign media, monitoring citizens online, and punishing dissent. 

Evidence of Repression.

Xinjiang: Mass detentions of Uyghurs and other Muslim minorities, forced labour, and cultural erasure have been described by the U.S. State Department as crimes against humanity and genocide. 

Tibet: Religious practice is tightly controlled, monasteries destroyed, and the Tibetan language marginalised. 

Hong Kong: The imposition of the National Security Law in 2020 gutted freedoms promised under “one country, two systems.” 

Civil society: Rights lawyers, journalists, and activists are routinely harassed, detained, or disappeared. 

Rule of Law vs. Rule by Party. 

Rule of law: In democratic systems, law constrains government and protects citizens.

Rule by law: In China, law is used as an instrument of Party control. Courts are subordinate to CCP directives, and “legal reforms” are designed to strengthen state power, not individual rights.

China’s Narrative. 

Beijing publishes Human Rights Action Plans claiming progress in economic, social, and cultural rights. These documents emphasise poverty reduction, healthcare, and education, but omit genuine protections for free speech, an independent judiciary, or political pluralism. 

Why China Rejects Universal Human Rights. 

Ideological control: The CCP views universal rights as threats to Party legitimacy. 

National sovereignty argument: Beijing insists that human rights are “internal affairs,” rejecting international scrutiny. 

Fear of pluralism: Genuine rule of law would empower citizens and weaken Party dominance.

Conclusion. 

China’s rejection of human rights and rule of law is not accidental—it is central to CCP governance. By redefining rights as economic development and subordinating law to Party authority, Beijing ensures that freedoms remain suppressed. The world must recognise this distinction: China does not merely fail to uphold human rights; it actively denies their universality.