Rule Of Law In China: Progress And Problems. Lin Li
services, increase international judicial cooperation, improve China’s system for judicial assistance, and expand the coverage of China’s international judicial assistance. We need to strengthen international cooperation in fighting corruption, actively participate in international cooperation on law enforcement and security, and work together with other countries to crack down on terrorists, ethnic separatists, religious extremists, drug traffickers, smugglers, and transnational organized crime.
2.Achievements Made in Practicing Socialist Rule of Law with Chinese Characteristics
The rule-of-law marks the development of political civilization into a new high historical stage, and is the crystallization of human wisdom, aspired to and pursued by people of all countries. In the great practice of leading the people in winning the revolution and achieving victory in socialist construction and reform, in the course of the historical development of socialist democracy with Chinese characteristics, the CPC attaches great importance to developing the rule of law, and has profoundly summed up the successful experiences China has gained and the profound lessons it has learned in developing socialist rule of law with Chinese characteristics. The CPC has made law-based governance of the country the basic policy by which the Party leads the people in governing the country, and the law-based exercise of state power, the basic approach it takes to governing the country; it actively makes theoretical innovations, institutional reforms, and practical development in socialist rule of law in accordance with rule-of-law thinking and approaches, and has made historic achievements that attract worldwide attention in all major aspects of the construction of the rule-of-law.
2.1.Setting Law-Based Governance of the Country as the Basic Policy for Governing the Country
For the first time in 1997, the 15th National Congress of the CPC established the principle of governing the country according to law as the Party’s basic policy by which the Party leads the people in governing the country, clearly defined the goal of building a socialist country ruled by law as the goal of developing socialist democracy, and realized the fundamental transformation from “legal construction” to the goal of “rule of law”, bringing the building of a socialist rule of law with Chinese characteristics into a new starting point.
The 16th National Congress of the CPC explicitly proposed that the development of socialist democracy with Chinese characteristics must adhere to the principle of integrating leadership by the Party, the position of the people as masters of the country, and law-based governance of the country, and made clear the right development path in advancing law-base governance of the country and building the rule of law under socialist conditions.
The 17th and 18th National Congress of the CPC continued to hold high the banner of the socialist rule of law, and comprehensively promoted the implementation of the basic policy of governing the country according to law from all aspects, including a well-conceived approach taken to legislation, strict law enforcement, judicial justice administered impartially, and the law being observed by all of the people.
Law-based governance of the country means that the people, under the leadership of the Party, administer state affairs, manage economic and cultural undertakings, and manage social affairs through various channels and forms in accordance with the provisions of the Constitution and laws to ensure that all tasks of the country are conducted according to law, and gradually realize the institutionalization and codification of socialist democracy. Governing the country by law is practicing democracy and the rule of law, and opposing autocracy and rule by people. It means governing the power and officials according to law, respecting and safeguarding human rights, and bringing benefits to the people.
Law-based governance of China upholds the following principles: ensuring the people’s sovereignty, upholding the supremacy of the Constitution and laws, respecting and safeguarding human rights, exercising state power according to law, legislating effectively and democratically, administering according to law, implementing judicial impartiality, and strengthening supervision on regulating and constraining the exercise of the public power. Under the Chinese constitutional framework and the context of the rule of law, law-based governance of China includes six basic elements: (1) The leading core of governing the country according to law is the CPC. The leadership of the Party is a natural requisite for advancing law-based governance of China and a fundamental guarantee for comprehensively implementing this basic policy as well. (2) The people hold the principal position in governing the country according to law. The people, instead of government officials, leaders, and organs, are the actors who provide the source of strength for the law-based governance of China. Governing the country by law is by no means ruling the people by law, and under no circumstances can the people be treated as the object of governing by law. (3) The object of governing the country according to law is the conduct and activities of government organs and officials who administer state and social affairs and economic and cultural undertakings on behalf of the people, i.e. the governance of the country and administration of government. A public power without supervision and restriction is bound to produce corruption. So the most fundamental for governing the country according to law is governing the authorities, the government officials and leaders, according to law to prevent public power from being abused and corrupted, and to guarantee that public power should be used to serve the people. (4) The basis for governing the country according to law is the Constitution and the laws that reflect the unity of the Party’s propositions and the will of the people. Governing the country according to law is the rule of good laws, and good laws embody justice and fairness, reflect the common will of the CPC and the people, and benefit economic and social development and the well-being of the people. Governing the country according to law is based on good laws. (5) The approach of governing the country according to law is management, governance, necessary incentives, penalties, etc. (6) The purpose of governing the country according to law is to ensure that all activities of the Party and the nation are conducted in accordance with law; to institutionalize and legalize socialist democracy so that such institutions and laws will not be changed by leaders or changes in their opinions and attentions; to effectively protect the citizens’ civil rights and fundamental freedoms according to law; to regulate strictly by law public power of government organs; and to build China into a prosperous, democratic, and civilized country under the socialist rule of law.
2.2.Establishing the Rule of Law as the Basic Approach to Governing the Country
The rule of law is a concept of rich cultural connotations and realistic political notions. At the theoretical level, the rule of law mainly refers to the theories, thoughts, values, awareness, and teachings that govern and administer a country. At the institutional level, the rule of law refers mainly to the principles that generalize the legal system, procedures, and norms based on law. At the operational level, the rule of law mainly refers to the process and status of abiding by legal order and implementing laws.
The 18th National Congress of the CPC made it clear that the rule of law is the basic approach to governing the country. Xi Jinping emphasized that more attention should be paid to giving full play to the rule of law in state administration and social management. This is the Party’s new understanding of the law of socialist revolution, construction, and reform, a new realization of the laws governing the leadership and administration of the CPC, and a new requisite for the Party to lead the people in comprehensively advancing law-based governance according to law. On the one hand, the rule of law calls for the Party to uphold the principles of exercising governance effectively and democratically according to law; constantly improve the Party’s capacity for and adeptness at governance; propose and apply correct theories, lines, guidelines, policies, and tactics; lead the formulation and implementation of the Constitution and laws; and adopt a scientific leadership system and style to mobilize and organize the people to administer state and social affairs, economic and cultural undertakings according to law and effectively govern the Party, the nation, and the military affairs. On the other hand, it demands that the Party should change its approach from mainly relying on campaigns and administrative measures for governing the country and society to governing the country according to the Constitution and laws, from mainly depending on political means and policy measures to adopting the basic approach of the rule of law and the basic policy of law-based governance of the country.
Deng Xiaoping once pointed out that