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Understanding Xi Jinping’s Thought on the Rule of Law




Editor’s Note: Zhu Zheng is an assistant professor specializing in constitutional law and politics at the Chinese University of Political Science and Law. The article reflects the opinion of the author, and not necessarily that of CGTN.

On November 16 and 17, Chinese President Xi Jinping held a conference calling for staying on the path to socialist rule of law with Chinese characteristics, promoting the modernization of the Chinese system of governance and its capabilities on the path to rule of law.

According to the reports, President Xi proposed ways to strengthen the rule of law and stressed the importance of maintaining the leadership of the Communist Party of China (CCP), fully implementing the rule of law, and upholding the rule of law. China a socialist country under the regime. of the law.

He said the interests of the people should be given priority when promoting the rule of law, and praised the country’s efforts in building a socialist legal system since the 18th CPC National Congress in 2012.

This conference is the first place where Xi Jinping’s reflection on the rule of law has been mentioned, and this thought will be one of the essential pillars of the ideological complex that sustains the country in the years to come. Consequently, the conference must be understood in a broader perspective, several points of which merit study.

First of all, the conference attached great importance to the leadership of the Party. He said the leadership of the CCP should be strengthened due to the complex situation inside and abroad in China. According to President Xi, the CPC has taken the building of the rule of law seriously, because since the 18th CPC Congress, “rule-based governance” has been set as a goal, and according to the vision set out by the Committee. based on the law established at the 19th CPC Congress, the rule of law for the country, governance and society will essentially be in place by 2035.

This, on the one hand, calls for relentless support for the Party leadership and full integration of state and Party organizations, rooting the CCP leadership on political power and ideology more deeply than before. On the other hand, it stresses the need for a strong system of intro-party rules and regulations that bridges the gaps between party rules and national laws so that party decisions and policies are enforced more effectively.

Second, the conference highlighted the paramount status of the Constitution and suggested that future reforms will be strictly in accordance with the Constitution. In recent decades, not all beneficial reforms have taken place within the constitutional framework, and reform measures have sometimes been put in place at odds with constitutional parameters.

For example, the practice of allowing an individual farming household to own land was contrary to the 1978 Constitution, which prohibited private transactions of plots of land. But with the removal of anachronistic and excessively restrictive constitutional provisions, social and economic progress has been made. And this is partly why the 1982 Constitution now plays an increasingly important role in public life.

This logic of reform is no longer true. After four decades of reform, and especially after the 18th CPC Congress, the outlook and vision for reform in China has changed dramatically. The Constitution is no longer a simple document merely stating the reform, but a legal instrument sounding the trumpet of reform. Reform and openness have had a great synergy with the Constitution and now all reforms should be advanced along the constitutional trajectory.

Finally, the conference pledged to build a socialist legal system with Chinese characteristics. President Xi stressed that more efforts should be made to advance legislation in key areas such as national security, scientific and technological innovation, public health, biosecurity and ecological civilization. In doing so, as he explained, the legal system would be able to “respond to major challenges, resist major risks, overcome major obstacles and resolve major conflicts.”

President Xi mapped out a vision that the country should ultimately pursue coordinated progress in law-based governance, law-based exercise of state power, and law-based government administration, and to promote the integrated development of the rule of law for the country, the government. and society.

Party leadership, the constitution and a socialist legal system with Chinese characteristics are the three main pillars of Xi Jinping’s thinking on the rule of law. This signifies the Party’s resolve to further codify and institutionalize its rule and ideology, with the aim of protecting the rights and interests of the people while respecting the rule of law.

Overall, Xi Jinping’s reflection on the rule of law underscores the importance of rule-based governance; the conference laid the groundwork for radical changes in the areas of law and governance, and it is for this reason that the idea must be taken seriously.

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