Citizens study the Constitution in Jiangsu Province. Photo: CFP

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With the guidance of “improving the socialist legal system,” the report to the 20th National Congress of the Communist Party of China (CPC) made a top-level design of the main objectives and tasks of advancing the rule of law in China for the next five years. The key tasks of rule of law construction in the next five years will be deployed with the theme of “exercising law-based governance on all fronts and advancing the rule of law in China.” The report to the 20th CPC National Congress stated: “law-based governance and law-based exercise of state power begin with compliance with the Constitution. We must remain firmly committed to leadership of the Party, to the state system of people’s democratic dictatorship, and to the political system of people’s congresses, all of which are mandated by the Constitution.” These four principles have forged the political, constitutional, and jurisprudential cornerstones for advancing the rule of law in China. 

Political foundation 

The significance of the political cornerstone of the four principles is determined by the fundamental political advantages of the state system, the political system, the socialist system, and the Party leadership. 

China’s state system is the people’s democratic dictatorship. Article 1 of the Constitution clearly stipulates the state system of the People’s Republic of China, that is, “the People’s Republic of China is a socialist state governed by a people’s democratic dictatorship that is led by the working class and based on an alliance of workers and peasants.” 

The political system is the National People’s Congress system. Article 2 of the Constitution of China stipulates that “all power in the People’s Republic of China belongs to the people. The organs through which the people exercise state power are the National People’s Congress and the local people’s congresses at all levels.” 

The socialist system is the fundamental system. Article 1 of the Constitution states that “the socialist system is the fundamental system of the People’s Republic of China.” The socialist system with Chinese characteristics is a great creation in the history of human institutional civilizations. It possesses significant advantages and vitality, provides a solid guarantee for political stability, economic development, cultural prosperity, national unity, and social stability, and creates a sound institutional environment for rapid economic development and long-term social stability. 

Adhering to the leadership of the Party is the biggest difference between China’s Constitution and Western Constitutions, between the socialist rule of law and the capitalist rule of law, and between the socialist political system with Chinese characteristics and various Western political systems. Adhering to the Party’s overall leadership is the most solid political cornerstone for advancing the rule of law in China. 

Constitution as the core 

The core of law-based governance is compliance with the Constitution. In this sense, compliance with the Constitution is the highest manifestation of the rule of law. Law-based governance and law-based exercise of state power, beginning with compliance with the Constitution, is the core of the comprehensive rule of law, and are the cornerstone of the rule of law in China. This is determined by the nature and status of the Constitution. 

The Constitution is a manifesto for promoting the great rejuvenation of the Chinese nation, as well asthe general program for managing state affairs. First, the Constitution is the supreme embodiment of the principles of people’s democracy, socialism, and the socialist system with Chinese characteristics in the legal system. Second, the Constitution is the fundamental compliance and operating system for the effective operation of the state apparatus. The nature and status of the Constitution determines the core position of the Constitution in the socialist legal system with Chinese characteristics. 

Rationale of the rule of law 

The four principles form the cornerstone of the rule of law in China, which is not only of fundamental significance to politics and the rule of law, but also has fundamental basis from the perspective of the jurisprudence. 

In terms of the jurisprudence, law-based governance and law-based exercise of state power in compliance with the Constitution is the summarization of the Party’s historical experience of leading the people over the course of their century-long struggle and is the institutional requirement of socialist constitutional theory with Chinese characteristics. The Constitution is the fundamental legal basis for the Party’s long-term governance. The legitimacy and rationality of the long-term governance and overall leadership of the CPC is not only determined by history and chosen by the people, but is also endowed by the Constitution. The fundamental purpose of promoting law-based governance on all fronts is to protect the rights and interests of the people in accordance with the law. This is also the fundamental purpose of law-based governance according to the Constitution. Rigorous internal logic runs continuously along the four principles. 

Zhang Wenxian is a senior professor of Philosophy and Social Sciences from the School of Law at Jilin University. 

Edited by ZHAO YUAN