Historical Roots: The concept has deep roots in Chinese philosophy, particularly with the Legalist school (法家, fǎjiā) from the Warring States period. The Legalists argued for a society governed by strict, publicly known, and impartially applied laws to create a strong state. This was in direct opposition to the Confucian ideal of 礼治 (lǐzhì), or rule by propriety and moral virtue, which relied on benevolent rulers and established social hierarchies.
Comparison to Western “Rule of Law”: This is where a crucial distinction must be made. In many Western democracies, the “rule of law” implies that the law is supreme and applies to everyone equally, including the government itself. It acts as a constraint on state power.
In modern China, 法治 (fǎzhì) is better understood as “rule *by* law.” The law is a tool wielded by the ruling party to implement its policies, maintain social order, and guide economic development. The law strengthens the state's capacity to govern, but the Party's authority is considered ultimate. The official slogan 依法治国 (yī fǎ zhì guó), “govern the country according to law,” reflects this principle: the Party leads, and the state governs through the legal framework.
“Rule of Law” vs. “Rule by Law”: The most common mistake is to assume 法治 (fǎzhì) is identical to the Western “rule of law.” Remember, in the Chinese context, it primarily means the state governs *through* a legal framework, not that the state is *subordinate* to that framework. The Communist Party's leadership is seen as a prerequisite for, not a subject of, 法治.
法治 (fǎzhì) vs. 法制 (fǎzhì) - A CRITICAL Distinction:
These two words sound identical but have different characters and meanings. This is a major point of confusion.
法治 (fǎzhì): Rule of Law. This is a principle, an ideology, a concept. It's the abstract idea of governing by law. (治 = to govern).
法制 (fǎzhì): Legal System. This refers to the concrete institutions, regulations, and statutes. It's the system itself. (制 = system, to make).
Incorrect: 我们要加强国家的法治。 (Wǒmen yào jiāqiáng guójiā de fǎzhì.)
Why it's wrong: This sentence is ambiguous. If you mean strengthening the *system* of laws, you should use 法制.
Correct: 我们要加强国家的法制建设。 (Wǒmen yào jiāqiáng guójiā de fǎzhì jiànshè.) - We must strengthen the construction of the nation's legal system.
Correct: 我们的最终目标是实现法治。 (Wǒmen de zuìzhōng mùbiāo shì shíxiàn fǎzhì.) - Our ultimate goal is to achieve rule of law.
Think of it this way: You use the 法制 (legal system) to achieve 法治 (rule of law).