Chinas Experience in Ruling the Country by Law

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 Chinas Experience in Ruling the Country by Law


To comprehensively promote the rule of law, we must take the right path. Since the reform and opening up, our Party has led the Chinese people out of a road of socialist rule of law with Chinese characteristics. General Secretary Xi Jinping pointed out that the road of rule of law in socialism with Chinese characteristics is a matter of overall control. Specifically speaking, the achievements of the construction of the rule of law in our country can be enumerated in dozens or dozens, but in sum, it opens up the road of the rule of law in socialism with Chinese characteristics. What kind of road to rule by law and what kind of rule by law system to build are determined by the basic national conditions of a country. Correct road book of rule of law can not be copied, others can not send it, can only rely on their own out. The road of socialist rule of law with Chinese characteristics is a concentrated reflection of the achievements and experience of socialist rule of law construction in China, and the only correct way to build a socialist country ruled by law.

Basic national conditions determine the road of rule of law

Only by grasping the history of things can we better grasp the essence of things. To deeply understand the profound connotation of the socialist road of rule of law with Chinese characteristics, we must stand in the historical horizon and review how this road was formed, and analyze what kind of historical necessity and objective law it conformed to.

Firstly, the excellent traditional Chinese culture bred and grown in history has provided abundant nourishment for the development and growth of the Chinese nation, and is the cultural fertile soil for the rule of law road of socialism with Chinese characteristics. Today, to absorb the beneficial achievements of human civilization is not to abandon historical traditions and cut off cultural blood, but to promote the development of Chinese civilization to a new and higher level. The socialist road of rule of law with Chinese characteristics is a new chapter of the Chinese civilization system for five thousand years, and it is the historical inheritance and innovative development of the Chinese civilizations way of governing the country.

Secondly, from the perspective of Chinese modern history, the socialist rule of law with Chinese characteristics is an inevitable conclusion drawn from the practical experience of Chinese revolution, construction and reform. Our Partys understanding of the rule of law has undergone a deepening process. The exploration of the socialist rule of law with Chinese characteristics runs through the whole history of the new democratic revolution and socialist construction. From the founding of the Party in 1921 to the establishment of the Red Base Area, the democratic and legal ideology of the Communists of China was gradually implemented. The Common Programme adopted by the Chinese Peoples Political Consultative Conference in September 1949 is of the nature of a provisional constitution. It has established the great achievements of the new state power and the cause of peoples liberation. It is a summary and reflection of the experience of the rule of law construction of the new democratic revolution. Looking back on the history of the development of New China in the past 70 years, since the founding of New China in 1949, our Party has begun to explore the socialist legal system. The formulation of the May 4th Constitution in 1954 defined the revolutionary achievements of the Chinese people and the direction of socialist development in the form of a constitution, stipulated the basic rights and obligations of the state, the government, the state organs and citizens in the form of a fundamental law, and on this basis formulated the organizational law of the state organs and established the establishment of the new China. The legal system and judicial system marked the first major breakthrough in the exploration and practice of socialist rule of law. With the restoration of democracy and legal system in the process of reform and opening up, the construction of socialist legal system has developed rapidly. With the formulation of a series of important laws such as the 1982 Constitution, the General Principles of Civil Law, the Criminal Law and the Criminal Procedure Law as symbols, we have promoted many rounds of democratic and legal reform, rebuilt the social management order, safeguarded basic human rights and democracy, determined the strategic orientation of establishing the legal system of the socialist market economy, and initially realized it. The legalization and institutionalization of social governance. The 15th National Congress of the Communist Party of China held in 1997 clearly put forward the general plan of governing the country by law and building a socialist country ruled by law. In 2010, the socialist legal system with Chinese characteristics was formed with the core of the Constitution. The status and role of the rule of law was attached unprecedented importance. The legal principles of constitutional authority, protection of human rights, restriction of public rights and procedural justice were also emphasized. Rules are reflected in the construction of legal norm system and the implementation of law, the level of legal propaganda and popularization is increasing, law education and legal research are flourishing day by day, and the socialist road of rule of law with Chinese characteristics is constantly enriching and developing in practice, thus achieving the second breakthrough from rule of law to rule of law.

Since the 18th National Congress of the CPC, under the leadership of the CPC Central Committee with Comrade Xi Jinping as its core, we have made a series of new achievements in the construction of the rule of law.

Firstly, it proposes to comprehensively promote the strategic deployment of ruling the country by law, upgrade the Partys theory of rule of law and the program of rule of law to a new level, and promote the modernization of the national governance system and capacity as the general goal of deepening the reform in an all-round way, thus creating a new chapter of ruling the country and governing the country.

Secondly, the glorious task of building a rule of law China is put forward, which outlines the ideal vision of building a well-off society in an all-round way and realizing the great rejuvenation of the Chinese nation.

Thirdly, it is emphasized that the full implementation of the Constitution is the primary task and basic work of building a socialist country ruled by law, perfecting the socialist legal system with Chinese characteristics with the core of the Constitution, strengthening legislation in key areas, innovating the legislative system and mechanism, and realizing the democratization and scientificalization of legislation.

Fourthly, the state respects and guarantees human rights. Economic and social construction adheres to the priority of peoples livelihood and people-centered, and forms and continuously optimizes the social security system.

Sixthly, the judicial reform has been deepening, and important measures have been taken to promote the reform of judicial management system, improve the judicial profession system and the judicial guarantee system of human rights, prevent illegal interference in judicial activities, safeguard judicial authority, and improve the operational mechanism of judicial power.

Seventh, draw lessons from and absorb the worlds outstanding achievements in the rule of law civilization, constantly improve the theoretical system of socialist rule of law with Chinese characteristics, promote the reform of law education and teaching, expand international exchanges and cooperation in rule of law, and cultivate a contingent of law talents with both morality and law.

Eighth, we should closely integrate ideological Party building with system governing the Party, concentrate on rectifying the Partys style, severely punish corruption, carry out the Partys leadership throughout the whole process and all aspects of governing the country according to law, and improve the Party membersand cadres legal thinking and ability to handle affairs according to law.

In addition, the Fourth Plenary Session of the Eighteenth Central Committee of the Communist Party of China has made a top-level design to comprehensively promote the rule of law, established the strategic goal of building a socialist legal system with Chinese characteristics, building a socialist country ruled by law, and scientifically and systematically put forward the basic principles, working layout and key tasks of comprehensively promoting the rule of law. The third major breakthrough in the history of the rule of law in China.

The Nineteenth National Congress of the Communist Party of China proposed that socialism with Chinese characteristics should enter a new era, and drew a timetable and road map for the comprehensive rule of law. Specifically, the period from 2012 to 2019 is the finalization stage of the overall theory and system of ruling the country by law; from 2020 to 2035, it is the basic modernization stage of national governance; from 2035 to 2050, it is the stage of building a modern cultural power and a civilized country with good law and good governance. Looking forward to the future, when our countrys rule of law construction reaches a fairly high level, the measure of rule of law will no longer be the legal system itself, but the level of national governance and the degree of social civilization.

From the above historical coordinates, we can see that the road of socialist rule of law with Chinese characteristics grew from the soil of Chinas society, inherited 5000 years of Chinese civilization and melted into the historical logic of Chinese revolution, construction and reform, which is the result of the long-term development, gradual improvement and endogenous evolution of our basic national conditions, such as our economy and society. It has tremendous vitality.

Five Experiences of Ruling the Country by Law in an All-round Way

The road of socialist rule of law with Chinese characteristics shows its unique characteristics and advantages. It is a new way for developing countries to modernize their national governance system and governance capacity. The Chinese experience of rule of law construction is reflected in the following aspects:

To clarify the Partys core leadership role in the construction of the rule of law. The long-term ruling Communist Party of China (CPC) has played a leading and central role in guiding the overall situation and coordinating all parties in the reform, opening up and modernization drive. It has realized the combination of top-down promotion of comprehensive rule of law and bottom-up innovation of the rule of law at the grass-roots level. This kind of leadership system makes all kinds of reform measures less constrained by traditional values, social pluralistic forces and realistic complex interests. It can not only accelerate the realization of the goal of rule of law construction and timely achieve the results of rule of law reform, but also make grass-roots practical innovation and top-level design mutually promote and jointly promote the comprehensive rule of law. Develop in depth. Adhering to the Partys core leading role in overall situation and coordinating all parties is the fundamental guarantee of socialist rule of law and the key to supporting and ensuring the peoples ownership. This core leading role is mainly embodied in four aspects: First, the socialist rule of law with Chinese characteristics is the socialist legal order established by the whole people through the links of legislation, law enforcement, justice, legal supervision, legal education and legal practice, with distinct class and people characteristics. As a result, the Communist Party of China acts as a party. This kind of representative of class and peoples character is cohesive and ruling according to law. Secondly, socialist democracy with Chinese characteristics is the foundation and prerequisite of rule of law. The Communist Party of China is the core of leadership in striving for democracy, promoting democracy, expanding democracy and building socialist democratic politics. Without the leadership of the Party, there will be no socialist democracy with Chinese characteristics and no socialist rule of law with Chinese characteristics. Thirdly, the process of law-making is a process in which the Party leads the legislature to transform the will of the Party and the people into the will of the state, and to ensure that the Partys line, principles, policies and decision-making deployment are fully implemented and effectively implemented in the national work. Fourthly, the implementation of the law is a process in which the Party leads administrative and judicial organs at all levels to administer justice according to law, respect and protect human rights, and ensure the coordinated development of political, economic, cultural, social and ecological civilization.

The consultative rule of law highlights the dominant position of the people. The leadership of the Party is the fundamental guarantee for the people to be the masters of the country and rule the country by law. The people to be the masters of the country is the essential feature of socialist democratic politics. Ruling the country by law is the basic way for the Party to lead the people to govern the country. The three are unified in the great practice of socialist democratic politics in China. The people are the main force of ruling the country by law in an all-round way. Under the leadership of the Communist Party of China, the people have become the masters of state governance, and they have achieved mastery through the rule of law and governed the country by the rule of law. The construction of the rule of law is for the people, depends on the people, benefits the people, protects the people, and guarantees the fundamental rights and interests of the people as the starting point and the foothold. The people also manage themselves and develop independently in the rule of law. On the other hand, the socialist rule of law with Chinese characteristics is a consultative rule of law under the leadership of the Communist Party of China. The rule of law is an important symbol of the transition of national form from tradition to modernization. The state governs the country mainly by legal means. Only by social regulation and management can we get rid of arbitrariness and privileges. Only by the harmonious development of economy, politics and culture and the overall progress of society can the basic order be guaranteed. Only by this way can the whole society be full of vitality and harmony and order.

Emphasis should be placed on top-level design and scientific planning for the construction of the rule of law. From the perspective of system formation process, the rule of law in socialism with Chinese characteristics emphasizes the scientific and rational planning of the construction of the rule of law. The development of the rule of law in western countries is often the result of the passive adjustment of the intensification of internal social contradictions. Over the past 40 years of reform and opening-up in China, the practice of building the rule of law in socialism with Chinese characteristics shows that the process of rule of law in China is not fragmented, spontaneous or aimless, but a continuous, leading and planned progressive process. In fact, this rationalism construction attitude is reflected in the legislative, judicial, law enforcement and law popularization education and propaganda and other aspects of the rule of law. From the central government to the local government, from scientific legislation to judicial reform, through top-level design and scientific planning, prudent formulation of reform plans, prevention of reform risks and gradual realization of reform objectives can ensure that the construction of the rule of law can be actively and steadily promoted in the overall situation of the Party and the state, and that the rule of law country, government and law can be better coordinated and taken into account. All the work of governing social construction. Taking the five-year legislative plan formulated by the Standing Committee of the National Peoples Congress as an example, its main function lies in enabling the legislative work to be carried out in a planned, step-by-step and purposeful way, while playing a good role in guiding direction, drawing blueprints, establishing good laws and promoting good governance.

We should adhere to the progressive development of the rule of law in practice. From the point of view of system operation, the socialist rule of law with Chinese characteristics embodies practical rationality and is a gradual rule of law with emphasis on experimental learning and difficulty after difficulty. Rule of law is the rule of rules. The main function of law is to establish and maintain a kind of expectation which can be roughly determined in order to facilitate peoples interaction and behavior. In the legal field which must have expected stability, it is full of practical rationality, which is the characteristics and advantages of the construction of the rule of law in China. Building a socialist legal system with Chinese characteristics and a socialist country ruled by law is a complex systematic project, which is bound to be a long-term historical process and cannot be accomplished overnight. To achieve the goal of rule of law construction, we need to strengthen the systematic research and design of specific implementation plans, sum up experience through experiments, improve the system, and then promote it. Looking back on the rule of law construction in the past 40 years of reform and opening up, the process is actually a process of trial and error, continuous learning, seizing opportunities, point-by-point, face-to-face and continuous innovation, which ensures the stability and predictability of the rule of law development and improves the quality of the rule of law construction.

Experience and lessons have made our Party deeply realize that the rule of law is an indispensable and important means of governing the country and government. In the process of building China ruled by law, we should continue to promote the modernization of the national governance system and governance capacity, give full play to the advantages of the socialist system with Chinese characteristics, realize the steady progress of China, and write a new chapter of the way to govern the country with an ancient civilization of 5000 years.