The Fourth Plenary Session of the 18th Communist Party of China (CPC) Central Committee resulted in a historic “decision” by the government to comprehensively promote the rule of law. It marks the first time China has set a roadmap and timetable for advancing its rule-of-law system amid the current period of socialist modernization. 

Countries based on the rule of law should have advanced legal institutions and legal practices reflected in their courts. The rule of law aims to protect the core interests of the people and reflect their will.

Legislative injustice is harmful and can result in judicial injustice. The latest moves by the CPC in advancing rule of law in China emphasizes that all laws, including administrative, civil, commercial, economic and penal laws, should be guided by the virtues of fairness and justice.

It is necessary to establish sound legislative mechanisms and encourage legal experts and society to engage in the legislative process.

Lawmakers should always consider the interests of the people, especially the disadvantaged. A country based on the rule of law should protect the vulnerable to safeguard public interests and social stability. It is necessary for governments at all levels to avoid disenfranchising the poor to curry favor with the wealthy. The fundamental goal of empowering the disadvantaged fosters a sound rule-of-law system without necessarily infringing on the interests of those more affluent.

Upholding the rule of law requires the government to lead by example by abiding by the law. Social stability will be undermined if the government abuses its power. 

The rule of law can protect the people and govern those in power by providing a system of checks and balances. To draw a line between the government and market, officials must remember that their state power must not abuse the law, while citizens and enterprises should bear in mind what constitutes law-breaking behavior.

The lowest requirement for a law-abiding government is that the government must not break the law; the highest requirement is that the government seeks benefits for the people. The government should strive for the latter by being service-oriented, rather than merely law-abiding. Serving the people is a sacred duty for the government and a fundamental principle for all civil servants.

Establishing a service-oriented government requires innovation of its functions. The government should be responsible for areas in which the market cannot give full play. If there is consensus across society in upholding the rule of law, the rejuvenation of the Chinese nation and Chinese dream will be realized in the near future.

The author is a professor of law at the Law School of Renmin University of China.