THE FATE OF Zhou Yongkang, former head of the security apparatus and the most senior figure to be brought low by President Xi Jinping’s anti-corruption campaign, neatly underscores the difference between rule of law and rule by law. The 72-year old Zhou faces charges of bribery, abuse of power and the intentional disclosure of state secrets, a formal indictment that, for all the putative improvements to the judicial system, will lead to a guilty verdict as surely as night follows day.
However, Zhou, a former Politburo member, is far from alone among senior Party figures that have enriched themselves and friends and families by dint of their position. The investigation and criminal charges against him are politics by other means.
Zhou’s protege was the disgraced Chongqing Party boss Bo Xilai. Bo challenged Xi for the leadership and is now in prison following his wife’s murder of British businessman Neil Heywood and a slew of bribery, embezzlement and abuse of power convictions.
Scores of Zhou acolytes in Sichuan province and in the oil industry, a powerful vested interest that poses obstacles to Xi’s economic reforms, have also been investigated and in many cases prosecuted. Before becoming security chief Zhou was a senior official at state-owned oil giant China National Petroleum Corp. and Party boss in the southwestern province.
The charges against Zhou are narrowly economic, not specifically political, even though the Supreme Court’s annual work report to last month’s National Peoples Congress accused both Zhou and Bo of “trampling on the rule of law, violating the party’s unity, [and] engaging in unauthorized political activities”. Narrowing the scope makes it easier for Beijing to stage an ‘open’ trial and keep the focus on the anti-corruption campaign rather than subject itself to the risks of airing the Party’s dirty laundry in public.
Zhou’s case will be heard in a court in Tianjin, in accordance with a practice of trying senior party officials in cities where the accused has no power base and local court officials can be relied upon to rule by law.