Different measures have been adopted by the government in recent years to promote the rule of law, including the participation of the public within the legislative process and the utilization of the “negative list” approach in the Shanghai FTZ.

 

The Fourth Plenary Session of the 18th Communist Party of China (CPC) Central Committee concluded in Beijing on October 23. Under the leadership of the CPC, China will adhere to the socialist system with Chinese characteristics while striving for a complete law system, effective enforcement of rule of law and strict supervision of the rule of law, according to a communiqué issued after the plenary session.

Major tasks in rule of law
According to the communiqué, the major tasks are to improve a socialist system of laws with Chinese characteristics that has the Constitution at its core, to strengthen implementation of the Constitution, to promote administration by law, to speed up building a law-abiding government, to safeguard judicial justice, to improve judicial credibility, to promote the public awareness of rule of law, to enhance the building of a law-based society, to improve team building, and to sharpen the CPC’s leadership in pushing forward rule of law.

In addition, the communiqué also said the effectiveness of implementing the rule of law will be a significant index in judging the work of officials at various levels. It will also be added to their performance appraisal system.

Xia Jinwen, Party secretary of Yangzhou University in Jiangsu Province, said that it is a significant symbol of the CPC deeply changing its governing style. Administration by law is at the core of comprehensively advancing the rule of law, and all-level Party organizations and leaders should continuously enhance the capability and level of administration by law and promote the institutionalization and legalization of all governing activities, added Xia.

The plenary session also stressed the leadership of the CPC in the socialist rule of law with Chinese characteristics. Some scholars said that it is a basic experience concluded from previous practice that the CPC leadership should be incorporated into the whole process of constructing the socialist rule-of-law system. The Constitution determines the CPC leadership and upholding the CPC leadership is a fundamental requirement of the socialist rule of law.

Some scholars also said that comprehensively advancing the rule of law in China requires adhering to the socialist system with Chinese characteristics, respecting the people as masters of the country and guaranteeing their interests. The organic unity of leadership of Party, people’s mastering of their own affairs and running the country by rule of law reflects the fundamental difference between China’s socialist rule of law and Western “constitutionalism,” added scholars.

Reforms over past decades
The plenary session highly evaluated the historical achievements of constructing socialist rule of law in China since the Third Plenary Session of the 11th CPC Central Committee in 1978. Sun Xiaoxia, dean of the Fudan University’s Law School, elaborated on significant periods in the process of construction of rule of law in China since the reform and opening-up: from 1978 to 1997, China’s legal system underwent development from fragmentation to systematization; in 1997, the fundamental strategy for governing the country by law was brought up at the 15th National Congress of the CPC; and in 1999, building socialist country with rule of law was recorded in the Constitution.

Since the 18th National Congress of the CPC in 2012, the rule of law has been identified as the basic way of governing the country. During the past two years, the rule of law has been mentioned numerous times and enforced in high-profile cases.

The China (Shanghai) Free Trade Zone (FTZ) established in August 2013 adopted the “negative list” approach, vividly reflecting the legal concept of doing anything unless prohibited by law. Amid this steady, transparent and predictable legal environment, the FTZ secured registration from more than 12,000 enterprises in just one year.

In December 2013, the decision to abolish the “re-education through labor” system was approved by the Third Plenary Session of the 18th CPC Central Committee.The controversial correction system, commonly known as “laojiao,” began in the 1960s but was deemed out of touch with modern China’s reforming legal system.

In June 2014, the central government approved judicial reforms in the six provinces and municipalities: Shanghai, Guangdong, Jilin, Hubei, Hainan and Qinghai. All experiences were assessed in comprehensively advancing national judicial reforms.

“The construction of the socialist legal system with Chinese characteristics is a historical product of the reform and opening-up, as well as a significant practice of the CPC promoting socialist construction,” said Xu Hanming, director of the Research Center for Development of Rule of Law and Judicial Reform at Zhongnan University of Economics and Law in Wuhan, Hubei Province.

Xia also claimed that the socialist legal system with Chinese characteristics would inevitably further develop and broaden the model of global political development, contributing to the development of human political civilization.

Significance of upgrading theories
The practice of the rule of law cannot depart from the efforts of Chinese legal theorists.
Addressing the development of legal theories over more than 60 years, Sun noted that Chinese legal scholars have been endeavoring to upgrade the legal theories and promote public awareness of the rule of law.

Some scholars claimed that the role of legal theorists should be enhanced in development of the rule of law in China. They have responsibilities to continuously advance the improvement of the socialist legal system, scholars added.

Xia said inheriting and advocating traditional Chinese legal culture is necessary in the process of formulating legal concepts and discourse system with Chinese characteristics.

“Theories of the rule of law should be linked with Chinese great practice,” said Qian Hongdao, professor at the Guanghua Law School at Zhejiang University adding that the Chinese lawmakers, lawyers and legal experts should collaborate to improve the socialist legal system with Chinese characteristics.