TAKING RESPONSIBILITY IN THE PRACTICE OF COMPREHENSIVE LAW-BASED GOVERNANCE, MAKING GREAT STRIDES ALONG THE PATH OF SOCIALIST RULE OF LAW WITH CHINESE CHARACTERISTICS

Wang Chen

TABLE OF CONTENTS

I. THE GREAT SIGNIFICANCE OF FULLY UNDERSTANDING GENERAL SECRETARY XI JINPING’S NEW IDEA, NEW THOUGHT AND NEW STRATEGY ON COMPREHENSIVE LAW-BASED GOVERNANCE

II. FULLY UNDERSTANDING THE HISTORICAL LOGIC, PRACTICAL LOGIC, AND THEORETICAL LOGIC OF GENERAL SECRETARY XI JINPING’S NEW IDEA, NEW THOUGHT AND NEW STRATEGY ON COMPREHENSIVE LAW-BASED GOVERNANCE

III. FULLY UNDERSTANDING THE SCIENTIFIC CONNOTATION OF GENERAL SECRETARY XI JINPING’S NEW IDEA, NEW THOUGHT AND NEW STRATEGY ON COMPREHENSIVE LAW-BASED GOVERNANCE

IV. FULLY UNDERSTANDING, STUDYING AND IMPLEMENTING GENERAL SECRETARY XI JINPING’S NEW IDEA, NEW THOUGHT AND NEW STRATEGY ON COMPREHENSIVE LAW-BASED GOVERNANCE, AND ACTIVELY ENGAGING IN THE HISTORICAL MISSION OF THE GREAT PRACTICE OF COMPREHENSIVE LAW-BASED GOVERNANCE

As the country celebrates the 70th anniversary of the founding of the People's Republic of China, the China Law Society holds a ‘Forum for Studying and Implementing General Secretary Xi Jinping's New Idea, New Thought and New Strategy on Law-Based Governance', which is of great significance.

At the celebration of the 70th anniversary of the founding of the People's Republic of China, General Secretary Xi Jinping delivered an important speech to recall the glorious achievements over the last 70 years since the founding of the People's Republic of China, looked forward to the bright future of the great rejuvenation of the Chinese nation, and issued a great call to continue the struggle on the new journey. This is a declaration and a mobilization order for the Chinese people and the Chinese nation to continuously create new historical undertakings in the new era. The important speech of General Secretary Xi Jinping is powerful and imposing. It not only motivates and encourages the great number of legal scholars and practitioners greatly but also further strengthens their confidence and determination to uphold the leadership of the Communist Party of China (CPC), the people's principal position and the path of socialism with Chinese characteristics. The reason why the China Law Society holds this ‘Forum for Studying and Implementing General Secretary Xi Jinping's New Idea, New Thought and New Strategy of Law-Based Governance' is to promote the law societies at all levels and legal practitioners to study hard, further propagate and implement General Secretary Xi Jinping's thoughts on socialism with Chinese characteristics, especially General Secretary Xi Jinping's new idea, new thought and new strategy on law-based governance, strengthen the ‘four consciousnesses', have confidence in ‘four self-confidences', achieve ‘two safeguards', take responsibility in the practice of comprehensive law-based governance, and make great strides along the path of socialist rule of law with Chinese characteristics. 

Focusing on the theme of the forum, I will share my views and opinions. 

 

I. THE GREAT SIGNIFICANCE OF FULLY UNDERSTANDING GENERAL SECRETARY XI JINPING'S NEW IDEA, NEW THOUGHT AND NEW STRATEGY ON COMPREHENSIVE LAW-BASED GOVERNANCE

 

At the first meeting of the Commission for Law-Based Governance of the CPC Central Committee, General Secretary Xi Jinping put forward the scientific proposition of ‘new idea, new thought and new strategy on comprehensive law-based governance'. Fully understanding the scientific status and significance of this proposition is the primary issue for studying and implementing General Secretary Xi Jinping's new idea, new thought and new strategy on comprehensive law-based governance. 

 

A. General Secretary Xi Jinping's New Idea, New Thought and New Strategy on Comprehensive Law-Based Governance Is the Latest Achievement of Sinicization of Marxist Rule of Law Thought

 

Marxist rule of law thought is an organic part of the Marxist scientific theoretical system, and its emergence is a great change in the history of human thought and jurisprudence. Since the 20th Century, Marxism has been widely spread and developed in China. In the long-term practice of leading the Chinese revolution, construction and reform, the communists of China persisted in combining the basic principles of Marxism with China's specific realities, which greatly promoted the great process of sinicizing Marxist rule of law thought and realized the historic leap of the sinicization of Marxist rule of law thought. 

In the great practice of the new democratic revolution and the socialist revolution and construction, the Chinese communists, mainly represented by Comrade Mao Zedong, used the basic principles of Marxist jurisprudence to solve legal problems in the Chinese revolution and construction, and formed Mao Zedong Legal Thought. Mao Zedong Legal Thought not only opened a brand-new chapter in the history of Chinese legal thought, but also laid the theoretical foundation for the construction of a new democratic legal system and a socialist legal system. 

In the great practice of reform and opening-up and socialist modernization, the Chinese communists, mainly represented by Comrade Deng Xiaoping, Comrade Jiang Zemin, and Comrade Hu Jintao, emancipated their minds, sought truth from facts, and advanced with the times, and combined Marxism with the concrete reality of contemporary China in different periods since reform and opening-up, united and led the people to explore the path of socialism with Chinese characteristics, formed Deng Xiaoping Theory, the important thought of the ‘Three Represents' and the Scientific Outlook on Development with rich thought on the rule of law, and opened up a new realm of sinicizing Marxist thought on the rule of law. 

Since socialism with Chinese characteristics enters the new era, the Chinese communists, mainly represented by Comrade Xi Jinping, have adhered to and developed socialism with Chinese characteristics, and have pushed forward the comprehensive law-based governance and the construction of a socialist country ruled by law in the ‘Five-sphere Integrated Plan' and the ‘Four-Pronged Comprehensive Strategy', created new experiences and theories, and formed General Secretary Xi Jinping's new idea, new thought and new strategy on comprehensive law-based governance. General Secretary Xi Jinping's new idea, new thought and new strategy of law-based governance is not only the latest major achievement of the theory of the socialist rule of law with Chinese characteristics but also the contemporary Chinese Marxist rule of law thought and the 21st-Century Marxist rule of law thought. It fully demonstrates the great theoretical strength and logical charm of the Chinese Marxist rule of law thought in a new era.

 

B. General Secretary Xi Jinping's New Idea, New Thought and New Strategy on Comprehensive Law-Based Governance Is an Important Part of Xi Jinping's Thought on Socialism with Chinese Characteristics for a New Era

 

Since the 18th CPC National Congress, the CPC Central Committee with Comrade Xi Jinping as the core has united and led the people of all nationalities in the country to comprehensively review the new international and domestic situations, profoundly answered the major issues of the times of what kind of socialism with Chinese characteristics to be upheld and developed and how to uphold and develop the socialism with Chinese characteristics in the new era by summarizing the experiences and looking to the future, and created General Secretary Xi Jinping's thought on socialism with Chinese characteristics for a new era. In this broad and profound ideological system, according to the changes of the main contradictions in our society in the new era and the practical requirements of law-based governance, General Secretary Xi Jinping's new idea, new thought and new strategy on law-based governance significantly clarifies the major issues of the socialist rule of law with Chinese characteristics such as theoretical basis, essential characteristics, value functions, internal requirements, basic principles, development direction, Chinese characteristics and world significance, systematically explains a series of strategic, basic, universal and cutting-edge major issues such as what the rule of law is, what the socialist rule of law with Chinese characteristics is, how to comprehensively promote the law-based governance and accelerate the construction of the Chinese system of socialist rule of law and the socialist country ruled by law, how to promote the construction of China ruled by law and how to promote the modernization of national governance system and capacity on the track of rule of law, and thus becomes one of the most important components of General Secretary Xi Jinping's thought on socialism with Chinese characteristics for a new era. 

 

C. General Secretary Xi Jinping's New Idea, New Thought and New Strategy on Comprehensive Law-Based Governance Is the Guiding Ideology and Fundamental Compliance of Law-Based Governance

 

There can be no correct rule of law practice without the correct guidance of the rule of law theory. General Secretary Xi Jinping's new idea, new thought and new strategy on law-based governance is not only a concentrated embodiment of the theory of socialist rule of law with Chinese characteristics but also the basic position, viewpoints and methods of dealing with the issues concerning the rule of law in the new era and the guiding ideology and fundamental compliance of law-based governance. 

Governing the country by law in an all-round way is a great pioneering undertaking and a broad and profound revolution in the field of national governance. At present, there are some weak links in legislation, law enforcement, justice, law compliance, public legal services, legal personnel training, legal diplomacy, and foreign legal struggles, so that the rule of law reform has a lot of tough nuts to crack and needs scientific and effective theoretical guidance. General Secretary Xi Jinping's new idea, new thought and new strategy on law-based governance contains the theoretical requirements of constructing a socialist rule of law with Chinese characteristics, including the nature of rule of law, the logic of rule of law, the goal of rule of law, the road of rule of law, the strategy of rule of law, the reform of rule of law, the system of rule of law, the core value of rule of law, the dialectical relationship of rule of law, the thinking and methods of rule of law, international rule of law, global governance, the leading core of rule of law, the main force of rule of law, etc., which points out the development direction for comprehensively governing the country by law and accelerating the construction of the socialist country ruled by law, and provides a solid legal foundation and research paradigm for the development of Chinese legal science in the new era. 

 

II. FULLY UNDERSTANDING THE HISTORICAL LOGIC, PRACTICAL LOGIC, AND THEORETICAL LOGIC OF GENERAL SECRETARY XI JINPING'S NEW IDEA, NEW THOUGHT AND NEW STRATEGY ON COMPREHENSIVE LAW-BASED GOVERNANCE

 

Based on Marxist world outlook, methodology and basic principles, General Secretary Xi Jinping's new idea, new thought and new strategy on law-based governance is created by combining the general logic of the rule of law, the current stage of China's national conditions and the rich practical experiences of constructing the rule of law in China, so it has distinctive characteristics of the times, practical orientation and theoretical style, and is an organic unity of historical logic, practical logic and theoretical logic.

 

A. General Secretary Xi Jinping's New Idea, New Thought and New Strategy on Comprehensive Law-Based Governance Is the Inheritance and Development of Marxist Thought on the Rule of Law, and It Is the Examination and Extraction of the Essence of the Rule of Law at All Times and in All Countries

 

General Secretary Xi Jinping's new idea, new thought and new strategy on law-based governance inherits the legal principles of Marxism-Leninism and Mao Zedong Thought, adheres to the essence of Deng Xiaoping Theory, the important thinking of the ‘Three Represents' and the theory of the socialist rule of law with Chinese characteristics in the Scientific Outlook on Development, condenses the outstanding research achievements of China's legal and theoretical circles since the reform and opening-up. Based on inheritance and cohesion and starting from the contemporary conditions in China, General Secretary Xi Jinping profoundly expounds the strategic significance of law-based governance, scientifically points out the fundamental compliance of comprehensive law-based governance, explains in-depth the basic strategy on law-based governance and the basic way of law-based exercise of state power, strives to build a strategic arrangement for law-based governance, dialectically reveals the dynamic mechanism for law-based governance, elaborates the stratagem and tactic for the reform of the global governance system, extensively promotes the theoretical innovation in all areas of law-based governance and the rule of law reform, integrates the law-based governance of the country into the Four-Pronged Comprehensive Strategy and promotes it as one of the basic strategies for upholding and developing socialism with Chinese characteristics in the new era, and opens up a new realm of Marxist rule of law and socialist rule of law with Chinese characteristics. 

General Secretary Xi Jinping's new idea, new thought and new strategy on law-based governance is the creative transformation and innovative development of the essence of Chinese traditional legal culture. General Secretary Xi Jinping points out that, 'The ancient Chinese legal system contains a wealth of wisdom and resources, and the Chinese legal system is unique among the major legal systems in the world. It is thus necessary to pay attention to studying our ancient legal traditions and their successes and failures, excavate and inherit the essence of Chinese legal culture, absorb the nutrition, and choose and follow what is good.' In China's historical traditions and national spirit, there are many ideological essences that are universally beneficial beyond time and space, such as 'strengthening the country by law', 'etiquette and law complement each other', 'governing the country by both law and virtue', 'educating people by law', 'respecting morality and being careful of imposing punishment', 'unity of law, sentiment and reason', 'settling disputes', 'praising virtue and punishing vice', and 'combining punishment with leniency'. There are also many classic expositions, such as 'law is the scales of a country and the yardstick of a society, and the scales are used to judge the weight and the yardstick is used to correct the bend', 'the decree shall be issued in line with the situation of the country, the etiquette shall be formulated according to the specific conditions of society', and 'the law shall be amended in accordance with the changes of the times so that the society can be well governed, while the social governance can be effective only if it is adapted to the reality of society'. Since General Secretary Xi Jinping is very familiar with these quintessential thoughts and classic expositions, he continuously integrates them into the theoretical system of the socialist rule of law with Chinese characteristics and establishes a pattern of creatively transforming and connotatively developing traditional legal culture.

General Secretary Xi Jinping's new idea, new thought and new strategy on law-based governance also identify and adsorb the achievements of legal civilization and the essence of legal thoughts in the world. Like Chinese civilization of the rule of law, other countries and their legal systems also have many ideas, systems, and methods that are worthy of our serious study and reference, such as law-based governance, restriction of powers, protection of rights, constitutional supremacy, all people being equal before the law, freedom of contract, due process, presumption of innocence, dubio pro reo and many other doctrines related to law, rule of law and jurisprudence. All these demonstrate the general law of the development of civilization of the rule of law in the world. On the basis of practicing, following national conditions, and exposing classics, General Secretary Xi Jinping comprehensively combed, scientifically identified and reasonably absorbed foreign thoughts of the rule of law, so that General Secretary Xi Jinping's new idea, new thought and new strategy on law-based governance becomes a scientific theory and advanced idea in the field of rule of law and demonstrates the distinctive contemporaneity, progressiveness, inclusiveness and compatibility of the theory of the socialist rule of law with Chinese characteristics. 

 

B. Formation and Development of General Secretary Xi Jinping's New Idea, New Thought and New Strategy on Comprehensive Law-Based Governance Has a Rich Practical Basis

 

General Secretary Xi Jinping's new idea, new thought and new strategy on law-based governance is the ideological essence formed by the Party and the people in the common practice of the rule of law. From the perspective of practical logic, it is generated from the work experience of Comrade Xi Jinping from Zhengding County, Ningde Prefecture, Fuzhou City, Fujian Province, Zhejiang Province and Shanghai to the Central Government, and runs through the whole course of Comrade Xi Jinping's leadership in governing county, city, provinces and the country according to the law. 

From 1982 to 1985, Comrade Xi Jinping served as Deputy Secretary and Secretary of Zhengding County Party Committee. During this period, he explicitly made the rule of law an important tool for county governance, emphasized that ‘the construction of the legal system in rural areas must guard against feudal clan forces and evil forces, and crack down on them immediately', and attached great importance to the role of various systems and norms including laws in economic construction, social governance, rural work, Party building work, and work on talents. After serving as the Standing Committee Member and Deputy Mayor of the Xiamen Municipal Party Committee in 1985, Comrade Xi Jinping put forward the idea of promoting reform and opening-up with the help of legal system and guarantee the construction of special economic zones. Also, he put forward many proposals such as ‘law-based tax administration', ‘law-based management of lakes' at that time. During his tenure as the Secretary of the Ningde Prefectural Party Committee from 1986 to 1990, he stressed to improve the economic environment, rectify the economic order, improve social order, advance the building of a clean government, deepen reforms comprehensively, etc., by combination of legal, administrative, institutional, disciplinary, and educational means. After serving as the Secretary of the Fuzhou Municipal Party Committee in 1990, he explicitly proposed ‘governing the city by law' and ‘managing the urban areas by law' and promoted the development of urban management from the traditional sudden inspection to normalization, standardization and legalization. Also, he elaborated in depth on the relationship between democracy and the legal system and the differences between the socialist democratic legal system and the capitalist democratic legal system, and emphasized that we must not copy the Western democracy, political systems such as representative system, and separation of powers. From 1995 to 2007, Comrade Xi Jinping carried out the vivid practice of governing provinces (municipality) according to the law in Fujian, Zhejiang and Shanghai, and his thought on the rule of law has further been enriched and deepened. After serving as Deputy Secretary of the Fujian Provincial Party Committee in 1995 and Governor of Fujian Province in 1999, he explicitly proposed ‘governing the province by law' and actively explored it. Moreover, he proposed many other theoretical propositions, such as ‘building a law-based society', ‘law-based economy' and ‘adhering to combining the rule of law with the rule of virtue' during this period. After he took office in Zhejiang Province in 2002, Comrade Xi Jinping further emphasized ‘all-round promotion of the work of governing the province according to the law', and carried out the building of ‘Law-based Zhejiang' and ‘Safe Zhejiang'. In June 2006, he presided over the Plenary Session of Zhejiang Provincial Party Committee to formulate the Decision of the Zhejiang Provincial Committee of the CPC on Building a ‘Law-Based Zhejiang, and this decision provided important theoretical resources, institutional resources and practical resources for the Decision of the CPC Central Committee on Major Issues Pertaining to Comprehensively Promoting the Rule of Law reviewed and approved by the Fourth Plenary Session of the 18th CPC Central Committee. After Comrade Xi Jinping was appointed Secretary of the Shanghai Municipal Committee of the CPC in 2007, he proposed ‘to comprehensively promote the law-based governance of the municipality' and improve the ‘level of the urban rule of law'. In these rich practices, Comrade Xi Jinping continued to deepen his understanding on governing county, city, province and the legal construction, condensed a series of new concepts, new propositions and new thoughts, and formed a systematic thought on the rule of law. All these established an important ideological and practical basis for later leadership in the great cause of governing the country by law. 

In 2007, at the First Plenary Session of the 17th CPC Central Committee, Comrade Xi Jinping was elected the Member of the Standing Committee of the Political Bureau of the CPC. Later, he served as Vice President of the People's Republic of China and Vice Chairman of the CPC Central Military Commission to lead all major affairs of law-based governance, administrating the army by law and legal diplomacy. In 2012, at the First Plenary Session of the 18th CPC Central Committee, Comrade Xi Jinping was elected the General Secretary of the CPC Central Committee and Chairman of the CPC Central Military Commission, and was later elected the President of the People's Republic of China at the First Session of the 12th National People's Congress. As the core of the whole Party, the leader of the people and Commander-in-Chief of the Army, Comrade Xi Jinping started a new journey of law-based governance and building a socialist country ruled by law in the new era, established General Secretary Xi Jinping's new idea, new thought and new strategy on law-based governance, and creatively developed the socialist rule of law with Chinese characteristics by his strong will and talent of strengthening the country by law, and all these fully demonstrate the dialectical logic of ‘practice is the mother of theory.' 

 

C. General Secretary Xi Jinping's New Idea, New Thought and New Strategy on Comprehensive Law-Based Governance Is a Theoretical System with Rich Content, Complete Structure and Rigorous Logic

 

General Secretary Xi Jinping's new idea, new thought and new strategy on comprehensive law-based governance is a theoretical system with rich content, complete structure and rigorous logic. Since it includes not only the general theories of the rule of law but also the key points of all areas, levels and links in governing the country by law, it can be concluded that General Secretary Xi Jinping's new idea, new thought and new strategy on comprehensive law-based governance has scientific theoretical form, distinct theoretical style and dialectical theoretical thinking. 

In General Secretary Xi Jinping's new idea, new thought and new strategy on comprehensive law-based governance, there is a rigorous logical relationship between new idea, new thought and new strategy. This logical relationship is neither a deduction of formal logic nor an abstract, purely rational cognitive structure, but a realistic relationship generated in the practice of the socialist rule of law with Chinese characteristics in the new era. Based on the practice of the rule of law, new idea, new thought and new strategy are interconnected, new idea is integrated into new thought, and new idea and new thought guide new strategy. The new idea expresses the firm faith of comprehensive law-based governance, the new thought clarifies the basic principles of comprehensive law-based governance, and the new strategy describes the goals and tasks of comprehensive law-based governance. The gradually unfolding of General Secretary Xi Jinping's new idea, new thought and new strategy on comprehensive law-based governance is the layered bloom of jurisprudential logic and the orderly generation of Chinese jurisprudence in the field of rule of law in the new era. 

III. FULLY UNDERSTANDING THE SCIENTIFIC CONNOTATION OF GENERAL SECRETARY XI JINPING'S NEW IDEA, NEW THOUGHT AND NEW STRATEGY ON COMPREHENSIVE LAW-BASED GOVERNANCE

 

Since General Secretary Xi Jinping's new idea, new thought and new strategy on law-based governance has rich and profound connotation, General Secretary Xi Jinping condenses it into ‘ten adherences', which are adherence to strengthening the Party leadership over law-based governance, adherence to the people's principal status, adherence to the path of socialist rule of law with Chinese characteristics, adherence to Sin law-based governance, law-based exercise of state power, and law-based government administration and integrated development of rule of law for the country, the government, and society, adherence to constitution-based governance and constitution-based exercise of state power, adherence to the comprehensive advancement of scientific legislation, strict law enforcement, fair administration of justice, and observance of law by all people, adherence to dealing with the dialectical relationship of law-based governance, adherence to building a high-quality team of legal work, and adherence to seizing the 'key minority' of leading cadres. 'Ten adherences' profoundly answer a series of majors, directional, fundamental and overarching questions such as the guiding ideology, development path, work layout and key tasks of law-based governance, and raise the understanding of the Party on the construction of socialist rule of law to a new level. For the jurisprudential and legal circles, it is necessary to study comprehensively, fully understand, and implement the ‘ten adherences', especially understand and implement in depth the adherence to strengthening the Party leadership over law-based governance, adherence to the socialist rule of law with Chinese characteristics, adhere to building a socialist legal system with Chinese characteristics, adherence to coordinated progress in law-based governance, law-based exercise of state power, and law-based government administration and integrated development of rule of law for the country, the government, and society, and adherence to constitution-based governance, and constitution-based exercise of state power, etc.

 

A. Adherence to Strengthening the Party Leadership over Law-Based Governance

 

The Party leadership is the soul of the socialist rule of law with Chinese characteristics. The first of the 'ten adherences' is ‘adherence to strengthening the Party leadership over law-based governance', which fully demonstrates that the Party leadership plays a leading, overall, decisive position and role in law-based governance. Strengthening the Party leadership over law-based governance is not only determined by the nature of law-based governance but also required by the nature of socialism with Chinese characteristics, which is the answer to the topic of achieving the organic unity of the Party leadership, the people being the masters of the country, and the law-based governance.

Strengthening the Party leadership over law-based governance is not just a matter of political judgment or strategic principles. It is necessary to strengthen the Party's strategic plan and top-level design for law-based governance, strengthen the Party's centralized and unified leadership over the construction of the rule of law, adhere to the Party leadership in legislation, ensuring law enforcement, supporting the administration of justice, and taking the lead in observing the law and promoting the rule of law reform in a coordinated way. It is necessary to advance the institutionalization and legalization of the Party leadership and innovate the system, institution and working mechanism of the Party leadership in the rule of law. It is necessary to further unify the basic strategy of law-based governance with the basic way of law-based exercise of state power, unify law-based governance of the country and rule-based governance over the Party, unify the control of overall situation and the coordination of supports of all parties with the supervision on whether the people's congresses, governments, the Chinese People's Political Consultative Conference, supervisory organs, judicial organs and procuratorial organs have performed their functions and carried out their work in accordance with the laws and regulations, and unify the Party leadership in formulating and implementing Constitution and laws with acting within the Constitution and laws so as to improve the Party's ability and level in leading the law-based governance.

 

B. Adherence to the Path of Socialist Rule of Law with  Chinese Characteristics

 

'You will never know whether the shoes fit or not until you wear them.' What kind of path a country chooses to build the rule of law, in the final analysis, is determined by its continuous exploration, accumulation and innovation. The path of socialist rule of law with Chinese characteristics is a concentrated reflection of the achievements and experience of the construction of the socialist rule of law and the only correct way to build a socialist country ruled by law.

We must be unambiguous and unwavering on the fundamental issue of adhering to and expanding the path of socialist rule of law with Chinese characteristics. We should adhere to the Party leadership, adhere to the socialist system with Chinese characteristics and implement the theory of the socialist rule of law with Chinese characteristics, adhere to building the rule by law for the people, relying on the people, benefiting the people and protecting the people, adhere to equality before the law, adhere to combination of rule of law and rule of virtue, adhere to the organic unity of law-based governance of the country and rule-based governance over the Party,  adhere to deeply integrating the core values of socialism into the construction of the rule of law, and adhere to proceeding from the reality and the basic national conditions in China. These aspects demonstrate the fundamental connotation and basic content of the socialist rule of law with Chinese characteristics, determine the fundamental nature and requirements of the socialist rule of law with Chinese characteristics, and prescribe and ensure the institutional attributes and direction of the socialist rule of law with Chinese characteristics. We should make strides along the path of the socialist rule of law with Chinese characteristics, and continue to advance theoretical, institutional, and practical innovations to make the path of the socialist rule of law with Chinese characteristics become wider and wider.

 

C. Adherence to Establishing a System of Socialist Rule of Law with Chinese Characteristics

 

The Chinese system of socialist rule of law is a legal expression of the socialist system with Chinese characteristics, these two are internally consistent and are unified in the common political rule and great practice of 'socialism with Chinese characteristics'. Fundamentally speaking, the Chinese system of socialist rule of law is a legal system based on the requirements of the socialist system with Chinese characteristics. Based on the overall layout of the socialist cause with Chinese characteristics, it exerts its ability and effectiveness to consolidate and improve the socialist system with Chinese characteristics and protects the stability of the socialist system with Chinese characteristics.

Establishing a Chinese system of socialist rule of law is not only the general goal of law-based governance but also the general starting point for law-based governance. Establishing a Chinese system of socialist rule of law should make overall plans based on the overall situation and focus on the great rejuvenation of the Chinese nation and the long-term stability of the Party and state. Under the leadership of the CPC, we should adhere to the socialist system with Chinese characteristics, implement the theory of the socialist rule of law with Chinese characteristics, and form a complete legal system, an efficient enforcement system for the rule of law, a strict supervision system for the rule of law and a strong guarantee system for the rule of law, promote a more mature and stereotyped socialist system with Chinese characteristics, provide a complete, more stable, and more effective system for the development of the Party and the country, the well-being of the people, social harmony and stability and the long-term stability of the country, and accelerate the realization of the modernization of national governance system and governance capacity.

 

D. Adherence to Coordinated Progress in Law-Based Governance, Law-Based Exercise of State Power, and Law-Based Government Administration and Integrated Development of Rule of Law for the Country, the Government, and Society

 

'Coordinated progress and integrated development' is the connotation of the ‘rule by law in China', it reflects the deepening of our Party's understanding of the construction of the rule of law and is a new development of the theory of the socialist rule of law with Chinese characteristics. For 'coordinated progress', efforts should be concentrated on 'coordinated'. The law-based governance is aimed at national and social governance, the law-based exercise of state power is aimed at Party building and way of exercising the state power, and the law-based government administration is aimed at strict law enforcement and building a government ruled by law. Although the focus of the law-based governance, the law-based exercise of state power and the law-based government administration are different, they all belong to the construction of 'China ruled by law'. This requires that, under the guidance of the goal of 'China ruled by law', these three shall be promoted jointly and developed coordinately. The 'integrated development' should focus on the ‘integrated', which is to understand the rule of law for the country, the government, and society as a whole rather than split the relationship between them. In terms of construction content, these three must coordinate, cooperate, and connect with each other, and support each other.

In order to adhere to the 'coordinated progress and integrated development', we need, firstly, to realize scientific legislation, democratic legislation and legislation in accordance with the law, and provide the constitutional and legal system compliance to 'coordinated progress' and 'integrated development' from the supply side of the rule of law. Secondly, we must highlight the focus of building a government ruled by law. The construction of the government ruled by law is a key task and the main project of law-based governance, it has a demonstration and leading role in the construction of a country ruled by law and a society ruled by law. Thirdly, we must grasp the 'key minority' of leading cadres. Leading cadres shall be models of respecting, studying, abiding by and using law, they should transform the respect for the rule of law and the reverence for the law into the thinking and methods of the rule of law, so that they can think, make decisions and do things under the rule of law rather than outside or above the rule of law. Fourthly, we must carry forward the spirit of the socialist rule of law, build a socialist culture of the rule of law, and raise awareness of the rule of law in the entire society. It is necessary to establish legal authority in the whole society, so that the people can realize that the law is not only a powerful weapon to protect their rights but also a code of conduct they must observe, and cultivate a good environment of handling affairs in accordance with the law, seek law in case of trouble and solve problems relying on the law, so that the people will consciously resist illegal acts and maintain the authority of the rule of law.

 

E. Adherence to Constitution-Based Governance, and Constitution-Based Exercise of State Power

 

Law-based governance shall adhere to constitution-based governance, while the law-based exercise of state power shall adhere to constitution-based exercise of state power. The Constitution is closely related to the future of the country and the destiny of the people. Safeguarding the authority of the Constitution is to maintain the authority of the common will of the Party and the people. Safeguarding the dignity of the Constitution is to defend the dignity of the common will of the Party and the people. Ensuring the implementation of the Constitution is to guarantee the realization of the fundamental interests of the people. Whether the authority of the rule of law can be established depends on whether the Constitution has authority. We must take propaganda and the establishment of constitutional authority as a major matter for law-based governance, and do our best to guarantee the effective implementation and supervision of the Constitution.

In order to fully implement the Constitution, the most fundamental thing is to adhere to the Party leadership; the most crucial thing is to adhere to constitution-based governance and constitution-based exercise of state power; the most important institutional arrangement is to adhere to the organic unity of the Party leadership, the people being the masters of the country, and law-based governance; the most basic work is to carry out propaganda and education activities to respect the Constitution, study the Constitution, abide by the Constitution, maintain the Constitution, and use the Constitution to promote the constitutional spirit in the whole society; the most urgent thing is to strengthen the implementation and supervision of the Constitution, improve the mechanism for interpreting the Constitution, advance the work of constitutional review, and ensure the unity, dignity and authority of the country's legal system. 

 

IV. FULLY UNDERSTANDING, STUDYING AND IMPLEMENTING GENERAL SECRETARY XI JINPING'S NEW IDEA, NEW THOUGHT AND NEW STRATEGY ON COMPREHENSIVE LAW-BASED GOVERNANCE, AND ACTIVELY ENGAGING IN THE HISTORICAL MISSION OF THE GREAT PRACTICE OF LAW-BASED GOVERNANCE

 

The new era gives us a new mission, while the new idea guides the new journey. In order to earnestly study and research and thoroughly propagate and implement General Secretary Xi Jinping's new idea, new thought and new strategy on comprehensive law-based governance, we must learn, understand and digest it thoroughly, internalize it into a sober theoretical consciousness, firm political conviction and scientific thinking method, externalize it into a strong driving force, practical behavior compliance and solid work style, and scientifically and effectively implement it into the entire process and all aspects of comprehensive law-based governance.

 

A. Studying and Implementing General Secretary Xi Jinping's New Idea, New Thought and New Strategy on Comprehensive Law-Based Governance, and Striving to Develop the Theory of Socialist Rule of Law with Chinese Characteristics

 

As socialism with Chinese characteristics enters a new era, the theory of socialist rule of law with Chinese characteristics has ushered in new development opportunities. The majority of legal professionals should treat General Secretary Xi Jinping's new idea, new thought and new strategy on law-based governance as the guidance, focus on refining regular knowledge and innovative theory from the rich practice of the rule of law in China, promote the deepening, expansion and innovation of theoretical research on the socialist rule of law with Chinese characteristics, and accelerate the construction of a disciplinary system of law, academic system, and discourse system with Chinese characteristics. It is necessary to comprehensively summarize the valuable practice and experience of the Party in leading the people in building a rule of law in China over the past 70 years since the founding of the People's Republic of China and the past 40 years since reform and opening-up, especially since the 18th CPC National Congress. It is necessary to excavate and inherit the essence of China's outstanding traditional legal culture, adhere to making the past serve the present, reviewing the past to understand the present, dialectical choice, and getting rid of the stale and bring forth the fresh. We should learn and absorb the outstanding achievements in the rule of law in the world with an open mind, persist in placing emphasis on ourselves, using it by ourselves, identifying carefully and absorbing reasonably.

In legal research, we must profoundly analyze the experience and shortcomings in establishing China's disciplines of law, and actively promote the transformation and upgrading of traditional disciplines such as jurisprudence, legal history, constitution, civil law and criminal law; vigorously develop new disciplines such as the rule of law, legislation, administration of justice, state security law, internal regulations of the Party, social governance, network law, data law, computation law, artificial intelligence law, space law, climate law and other emerging disciplines; actively explore the interdisciplinary field between legal disciplines and other disciplines, focus on new scientific-technological, economic and social issues such as network governance, financial governance, social governance, algorithm regulation, artificial intelligence regulation, driverless car regulation, gene editing regulation, etc., actively coordinate with disciplines such as management, economics, statistics, sociology, political science, network engineering, and mathematics, and improve the socialist legal system with Chinese characteristics continuously. It is necessary to carry out solid theoretical research around the general objectives of the work of the Party and the state, and continue to form first-class research results that match the glorious history and bright future of the People's Republic of China and are compatible with China's economic and social development and people's needs.

 

B. Studying and Implementing General Secretary Xi Jinping's New Idea, New Thought and New Strategy on Law-Based Governance, and Providing High-Quality Legal Services for the Party and the Country

 

The rule of law is an important support for the national governance system and governance capacity. We must firmly adhere to the socialist legal system with Chinese characteristics, and continuously improve the ability and level of serving the practice of the rule of law around the overall layout and strategic layout of the socialist cause with Chinese characteristics, provide theoretical support and intellectual services to scientific legislation, strict law enforcement and fair administration of justice, and provide a strong guarantee of rule of law for accelerating the modernization of national governance systems and capabilities.

The law societies at all levels must give full play to the role of 'brain trusts', 'think tanks' and 'talent pools', improve working mechanisms of serving major development strategies, major legislative matters and key reform measures, and better play the role of the rule of law to solidify the foundation, stabilize expectation and benefit the future. It is necessary to adhere to treating the people as the center, focusing on meeting the growing needs of the people in the areas of democracy, the rule of law, fairness, justice, security and environment, and protecting people's rights and interests and promoting people's livelihood by the rule of law. It is necessary to actively participate in the reform of legal education and the training of legal personnel, actively meet the needs of deepening reform, expanding opening up and building a strong socialist modern country, cultivate legal personnel with comprehensive development of moral, intellectual, physical, aesthetic and labor education, promote both morality and law, and provide a solid talent guarantee for law-based governance. It is necessary to actively participate in foreign-related legal struggles, and actively raise the voice of China's legal circles on the issues of Hong Kong-related struggle and Sino-US Trade frictions. 

 

C. Studying and Implementing General Secretary Xi Jinping's New Idea, New Thought and New Strategy on Comprehensive Law-Based Governance, Clearly Opposing Wrong Views, Removing False Views and Clarifying Vague Perceptions

 

For a period of time, some people have deliberately opposed the Party leadership and the strict implementation of the rule of law, and put forward the pseudo-proposition of 'whether the Party or law is dominating in governing the country', the key point of which is to try to open a gap in the issue of 'rule of law', so as to achieve the purposes of disrupting people's hearts, subverting the Party leadership and destroying the socialist rule of law. There are also some seemingly correct but actually wrong views and understandings. For example, some people take the view that the 'universal values' adopted by the West for hundreds of years, why cannot they be acknowledged? Why cannot some Western political and legal discourse be borrowed? Some people have suggested that human rights, freedom, democracy, and the rule of law are the common values between China and the West, and we should not overemphasize the 'Chinese characteristics'. Still, others believe that the rule of law should not be mentioned in the same breath with the rule of virtue. All these false opinions and vague cognitions are produced by using the Western capitalist value system to tailor our practices and using the Western capitalist evaluation systems to measure China's development. We must discern what lies behind this and see through the essence of creating 'political traps', firmly grasp the dominance and the discourse right in the ideological work, and adhere to the socialist rule of law with Chinese characteristics. We must strictly implement the responsibility system for the ideological work, dare to take responsibility, dare to pull our sword out, persist in purifying 'noise' and 'murmurs' on major political principles and issues, straighten out the main melody, and strengthen the positive energy. On the new journey, the China Law Society must unite the majority of the legal professionals in the law around the CPC Central Committee with Comrade Xi Jinping as the core, hold high the banner of solidarity, firm the correct political direction, and continuously push forward the Party-led cause of the rule of law.

Comrades, practice, theoretical exploration and learning are endless. After the intensive discussions in this forum, the various research associations and local law societies should further strengthen study and research, publicize and implement General Secretary Xi Jinping's new idea, new thought and new strategy on comprehensive law-based governance, carry out in-depth exchanges and discussions, improve work capacity, and promote the practice of rule of law. Let us unite more closely around the CPC Central Committee with Comrade Xi Jinping as the core, never forget the original intention, remember the mission firmly, and make new and greater contributions to continuously develop the theory of socialist rule of law with Chinese characteristics, comprehensively promote the law-based governance, and accelerate the construction of a rule of law in China.